The mischief rule

• The mischief rule 

  • Looks at the context of what parliament was trying to correct with the statute (Heydon, Smith v Hughes)
• The mischief rule advantages:

  +   More likely to produce a just result 

  +   Promotes the purpose of the law 
• The mishcief rule disadvantages:

  -       A risk of judicial law making 

  -       May lead to uncertainty in the law making legal advice difficult