Common Law in the Age of Statutes: The Equity of the Statute (eBook)

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An insightful analysis of the modern intersection of legislation and the common law

eBook
AUD$ 87.14
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ISBN/ISSN: 9780409341317

Product description

This topical book provides an insightful analysis of the increasing prominance of the statute in Australia’s inherited common law system. It examines the integration of the two sources of law, with specific reference to the operation of claims for damages under the two sources of law and the concept of the equity of the statute. The author addresses how the common law can develop in the current environment and discusses the modern relationship between legislation and judge-made law.

Two interlinked themes are presented. First, as most new law is sourced from statute, an understanding of the law of obligations is incomplete without a consideration of how statute is affecting traditional legal obligations. The example of damages under the Australian Consumer Law is analysed in detail. The statutory regime has the potential to render irrelevant significant parts of the traditional law of contract, tort and equity, which traditionally have had detailed remedial schemes. This potential will be examined in the book. The second theme is an investigation of the unification of private and public law and the important role that the Equity of the Statute (via statutory interpretation and analogical reasoning) can play in this development.

This book will be of particular relevance to legal practitioners, courts and anyone faced with managing legal matters in the current legal environment, for whom a deep knowledge of the interrelationship of the two sources can inform their approach to private law remedies. It will also engage researchers, legal theorists, scholars and anyone interested in the modern operation of the Australian legal system.

Features

  • Accessible treatment of complex structure of Australia’s modern legal system
  • Highlights the role of statutory interpretation in the common law system
  • Offers guidance as to assessment of appropriate remedies

Related Title

Pearce & Geddes, Statutory Interpretation in Australia, 8th ed, 2014

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Table of contents

Part I Introduction


Chapter 1 The Scope and Purpose of this Book


Part II Current operation of the common law and statutes — oil and water


Chapter 2 Very limited interaction of common law and statutes


Part III The current operation of the legal system — a comparative example


Chapter 3 Damages under the Australian Consumer Law and at common law


Chapter 4 Main points of difference


Part IV The impact of legislation on private law


Chapter 5 Two impacts identified


Chapter 6 The first effect — the ACL and causes of action


Chapter 7 The second effect — remedial effects of the ACL


Chapter 8 Conclusion and caution on the effect of ACL upon the common law


Part V Unification and the equity of the statute — statutory interpretation and analogical reasoning


Chapter 9 The equity of the statute doctrine


Chapter 10 Statutory Interpretation — direct impact


Chapter 11 The analogical use of statutes — the indirect effect


Part VI Conclusion


Chapter 12 Putting it all together