Interpretation of Statute - Haydon's case and Mischief Rule

In this phorticle(Article with photos) we will have a look at below things

1. Haydon's case

2. Mischief Rule

3. Some interesting cases about Mischief Rule

4. Advantages and Disadvantages of mischief rule

5. Conclusion

 

What really was the Haydon's case ? 

The case dates back to 16th century. Back then religious institutions used to have lot of power, land and wealth. This Haydon's case happened in Otterly, town in England. Below is the church from this town. One of such religious institution had lots and lots of land.

Out of different parcels of land, one was given to Wary and His sons on copyhold. Copyhold is like today's lease agreement kind of document. This document created life interest of Wary and Son over the land.

Other parcel was given to Haydon on rent of 8 years. Whatever the customary rent was for land it was charged from Haydon.

Back in those days there was constant struggle of power between Church and the Crown. Church used to have lots of land and could earn lots of rent. Crown too wanted more money and power. (See how religion is used for power is not new concept, it was old. Many a times it has nothing to do with religion but only power and power and power)

To usurp the more power Crown passed a law by which whatever land of religious institution, or a land granted to tenants in previous year will all be the land of Crown.

Question now is whether the interests of the Haydon and Wary and His sons would be valid ?

It was held that wary and Sons would get to keep a land as their interests were protected by law as it was provided in the law that life interests will not be touched. Court of Exchequer held the lease to Haydon would be void. (Haydon lost the case, but now he is famous)

 This was in nutshell the Haydon's case.

Mischief Rule

This rule gives the court justification for going behind the actual wording of the legislation in order to consider the problem that the particular legislation was aimed at remedying.

In short, this rule gives discretion to judges to interpret it in such a way so as to correct the mischief for which law is enacted.

 For interpretation, four questions needs to be considered.

1. What was the common law before the making of the Act?

2. What was the mischief and defect for which the common law did not provide 

3. What remedy the Parliament had resolved and appointed to cure the disease of the Common Law?

4. The true reason of the remedy; and then the office of the Judges is to make such construction as shall suppress the mischief and advance the remedy.

Law should be interpreted in such a way so as to suppress the mischief and advance the remedy 

Few Cases related to Mischief Rule

Smith Vs Hughes. Doing offense from balcony instead of street won't help. Offense is offense.

Is parking a vehicle which is uninsured is an offence ? actually YES..!!

Indian case about Mischief rule

Advantages of Mischief Rule

They can be summarized as below

Problems with Mischief Rule:

They have bit of problems too!

Conclusion

Mischief rules gives more discretion to judges and courts. But it has to be applied with caution so as to not override the supremacy of Parliament or to encroach upon the parliamentary power.

Legalfundaa