The Mischief rule gives a judge more discretion than the other two rules and the definition of the rule comes from Heydons Case 1584.
This case states there were 4 points the court should consider:
- What was the Common Law before the making of the Act?
- What was the mischief and defect for which the common law did not provide?
- What was the remedy the Parliament hath resolve and appointed to cure the disease of common wealth?
- The true reason of the remedy
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