BUSINESS ADMINISTRATION
BUSINESS LAW
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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The mischief rule, the business efficacy test and the reasonable man test.
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The literal rule, the golden rule and the decision of the judge.
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The golden rule, the decision of the judge and the purposive approach.
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The literal rule, the golden rule and the mischief rule.
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The literal rule, the officious bystander test and the intention of parliament.
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Detailed explanation-1: -The mischief rule is a rule of statutory interpretation that attempts to determine the legislator’s intention. Its main aim is to determine the “mischief and defect” of the statute. The mischief rule was established in Heydon’s Case in 1584.
Detailed explanation-2: -There are generally two types of statutes: Temporary statutes are those statutes which has to passed every year whereas permanent statutes are those which remain in enforce until repealed or amended. There is no time period mentioned in the temporary statutes.
Detailed explanation-3: -The mischief rule of interpretation Mischief rule of interpretation is also known as: Rule of beneficial construction. Heydon’s rule. Purposive construction.
Detailed explanation-4: -Unless there is any ambiguity or absurdity in the wordings of the law, the ordinary sense of the law should be resorted to as per the Golden Rule. The general policy or intention of the statute must be considered and eliminate the evil which was directed as per the Mischief Rule.
Detailed explanation-5: -Under this rule the court try to interpret Statute on the literal, ordinary, popular, and common meaning of the word and phrases. This rule postulates that it is duty of the court to expound the law as it stands and not to modify, alter or quantify its language. In the case of Cartledge v. Japling (E.)