What is the mischief rule from Heydon’s Case?

It tells judges to look at four things—the old law, the defect (mischief), the remedy given by Parliament, and the reason for that remedy—to interpret a statute so the mischief is cured.

Why did Heydon’s lease fail?

The court read the statute’s purpose and held that the earlier copyhold grant to Ware and his son was protected, so the later eighty-year lease to Heydon was void.

Is the mischief rule used in India?

Yes. Indian courts often apply purposive interpretation. They consider the statute’s aim and the defect it targets, which is the spirit of the mischief rule.

How do I remember the four parts of the rule?

Use the hook: OLD–GAP–FIX–WHY: old law, the gap/mischief, the fix/remedy, and why the fix was chosen.

Law Easy

31 October, 2025

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Heydon’s Case (1584) – Mischief Rule Explained in Easy English | The Law Easy

Heydon’s Case (1584)

Mischief Rule of Statutory Interpretation — a simple, classroom-style explainer.

Court of Exchequer (England) 1584 [1584] EWHC Exch J36 Statutory Interpretation 5 min read

Author: Gulzar Hashmi Location: India Published: 2025-10-31 Primary: mischief rule, statutory interpretation Secondary: purposive reading, legal method

Quick Summary

Heydon’s Case is the classic source of the mischief rule. The judges said: when you read a statute, find (1) the old common law, (2) the defect or mischief in it, (3) the remedy Parliament gave, and (4) the reason for that remedy. Then read the statute so the mischief is cured.

Issues

Whether the copyhold grant to Ware and his son remained valid under the Suppression of Religious Houses Act 1535.
Whether the later eighty-year lease to Heydon could stand against the earlier protected grant.

Rules

While interpreting a statute, consider the four-step test:

Old Law — What was the common law before the statute?
Mischief — What defect did the old law fail to cover?
Remedy — What cure did Parliament provide?
Reason — Why was this cure chosen?

Facts (Timeline)

Copyhold grant: Ottery College granted a copyhold in its manor to Ware and his son for their lives, to hold as per the lord’s will and local custom.

Later lease: The college then leased the same property to Heydon for 80 years.

Statute passed: Parliament enacted the Suppression of Religious Houses Act 1535, dissolving religious bodies like Ottery College but protecting grants made over a year earlier.

Dispute: The court had to decide which interest survived: the earlier copyhold or the later term lease.

Arguments

Appellant (Heydon)

The term lease gave a long, certain interest.
The statute should not defeat lawful acts of the college.
Priority should follow the lease’s later but substantial form.

Respondent (Ware)

The copyhold grant was earlier and protected by the statute.
Purpose of the Act was to preserve earlier legitimate grants.
Reading the Act purposively keeps the copyhold safe and voids the later lease.

Judgment

The Court of Exchequer held that the copyhold to Ware and his son was protected by the statute. The eighty-year lease to Heydon was void. The court read the Act in light of its purpose—to cure the mischief and uphold earlier valid grants.

Ratio

When interpreting statutes, courts should favor a reading that suppresses the mischief and advances the remedy, guided by the four questions from Heydon’s Case.

Why It Matters

This case anchors purposive interpretation. It helps judges avoid strict literal readings that keep the defect alive. In India, courts regularly use this approach for welfare and remedial laws.

Key Takeaways

Four-step guide: Old Law → Mischief → Remedy → Reason.
Purpose beats form: read statutes to cure the defect.
Earlier protected grants stand over later competing claims.

Mnemonic + 3-Step Hook

Mnemonic: O-M-R-R — Old law, Mischief, Remedy, Reason.

Spot the defect the statute targets.
Match the remedy with that defect.
Read the text to make the remedy work.

IRAC Outline

Issue: Does the earlier copyhold survive the 1535 Act, and does the later term lease fail?

Rule: Apply the mischief rule (Old Law, Mischief, Remedy, Reason).

Application: The Act preserved earlier grants; the mischief was uncertainty/loss of legitimate grants; purposive reading protects the copyhold.

Conclusion: Copyhold valid; Heydon’s later lease void.

Glossary

Copyhold: A tenancy held by manorial custom, recorded in the manor court rolls.
Mischief Rule: A purposive method to read statutes so the targeted defect is cured.
Purposive Interpretation: Reading a law to serve its aim, not just its literal words.