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Heydon's Case [1584] EWHC Exch J36

In an action determining the validity of a lease the court formulated the mischief rule. In applying the mischief rule the court must discern and consider:

1. What was the common law before making the Act?
2. What was the mischief and defect for which the common law did not provide?
3. What was the remedy Parliament passed to cure the mischief?
4. What was the true reason for the remedy?

The role of the judge is to suppress the mischief and advance the remedy.
Back to lecture outline on the mischief rule of statutory interpretation