Mischief Rule: interpret statutes to suppress the underlying defect and give effect to the legislative remedy. The Mischief Rule requires courts to identify the common law state before the statute, the mischief the common law failed to remedy, the remedy the legislature provided, and the rationale of that remedy, and to construe provisions so as to suppress the mischief, advance the remedy, and prevent evasive devices that would continue the mischief.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Mischief Rule: interpret statutes to suppress the underlying defect and give effect to the legislative remedy.
The Mischief Rule requires courts to identify the common law state before the statute, the mischief the common law failed to remedy, the remedy the legislature provided, and the rationale of that remedy, and to construe provisions so as to suppress the mischief, advance the remedy, and prevent evasive devices that would continue the mischief.
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