Abstract:
This article seeks to lay the groundwork for further discussion and analysis within the broader Australian legal community of the interaction between common law (here including equitable doctrines) and statute in the Australian private law context. Its thesis is that the principle of coherence requires us to take much more seriously than we have done to date the interplay between statute and common law as part of our everyday mode of legal reasoning when addressing private law disputes.
Bant, Elise D, Statute and Common Law: Interaction and Influence in Light of the Principle of Coherence (September 7, 2016). University of New South Wales Law Journal, Vol 38, No 1, 2015; U of Melbourne Legal Studies Research Paper No 739.
First posted 2016-09-09 06:31:52
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