Lizsheahannn
Badges: 8
Rep:
?
#1
Report Thread starter 1 year ago
#1
Hi there I’m confused what’s the difference between the mischief rule and the purposive approach I missed the class as I’ve been in hospital so only have a text book so I’m a little confused
0
reply
Rick Ape
Badges: 12
Rep:
?
#2
Report 1 year ago
#2
It's been a while since I've studied this but IIFC:

Mischief = interpreting the words within statute
Purposive = interpreting the intention of Parliament
0
reply
IpsaLoquitur
Badges: 13
Rep:
?
#3
Report 1 year ago
#3
The actual approaches and test are very similar. The difference is the mischief approach only applies where the literal meaning of the statute produces an absurd result. The purposive approach (usually used for EU law) is applied immediately without the need for any absurdity.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Current uni students - are you thinking of dropping out of university?

Yes, I'm seriously considering dropping out (85)
14.24%
I'm not sure (27)
4.52%
No, I'm going to stick it out for now (189)
31.66%
I have already dropped out (12)
2.01%
I'm not a current university student (284)
47.57%

Watched Threads

View All