Introduction to Business Law Essay Example | Topics and Well Written Essays - 3500 words

Introduction to Business Law - Essay Example Mischief Rule of statutory interpretation gives authority to the judge to interpret the law by bearing in mind the common law before passing of the rule. Is is applied in cases where ambiguity occurs in the law. Thus this rule aims to understand the defect and also to provide solutions which would correct the situation if implemented. A popular case that came under the Mischief rule was Smith vs. Hughes. In this case, prostitutes were charged for recruiting clients from a public place while within the confines of a private area, which were the windows that overlooked the street. Under the Street Offenses Act of 1959, it is illegal to attract clients with the intention of offering sex services on the streets. The defendants pleaded that they had not attracted clients on the streets but were within their own homes. The literal Rule as the name suggests allows the judge to give out a ruling by taking into account the literal meaning of the word since they do not affect the ruling on the case. The judge, in this case, does not have to consider the meaning or the implications behind words or sentences such as in the case of the previous laws. This is usually the most preferred rule of statutory interpretation. An example of this is the R Vs Harris case under which the defendant harmed the victim by biting his nose. Since the law considers stabbing, cutting or wounding a person through an instrument as a crime, therefore the defendant was acquitted since he did not commit the crime in the literal sense (Caven, 2004).