• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Free ACCA & CIMA online courses from OpenTuition

Free ACCA & CIMA online courses from OpenTuition

Free Notes, Lectures, Tests and Forums for ACCA and CIMA exams

  • ACCA
  • CIMA
  • FIA
  • OBU
  • Books
  • Forums
  • Search
  • Register
  • Login
  • ACCA Forums
  • Ask ACCA Tutor
  • CIMA Forums
  • Ask CIMA Tutor
  • FIA
  • OBU
  • Buy/Sell Books
  • All Forums
  • Latest Topics

ACCA Options: NEW MOCKS, debrief videos and "Read the Mind". Learn more >>

20% off BPP Books for ACCA & CIMA exams - Get BPP Discount Code >>

Statute is not to alter existing common law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Statute is not to alter existing common law

  • This topic has 1 reply, 2 voices, and was last updated 1 month ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • June 23, 2022 at 6:07 am #659182
    kamran.khan
    • Topics: 9
    • Replies: 6
    • ☆

    Dear Mike,
    I studied entire book and kit however one confusion is not going out of my mind. One thing is Common law which was developed following Norman conquest. Then developed Equity. Then using Common law and Equity principles the Statute is developed.

    However, in these times, judges give the decision inline with the Statue. Not referring Common Law and Equity (right? or may be i am wrong. Here i want to clear my mind). And if the Common Law and Equity is being referred in these times as well then why there was a need of statute. Moreover, as mentioned in the title that “Statue is not to alter existing common law”, then what would happen if there would be a conflict between these two. Judges would refer to what

    Mike you are really helpful all the time. I know i may be asking non-sense but this is what my mind is not picking up.

    June 23, 2022 at 8:26 am #659190
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22589
    • ☆☆☆☆☆

    No, you’re not talking nonsense. What we have is the situation where Common Law had developed (over centuries, as you correctly state) and then Statute is passed relating to the same area of potential dispute.

    Consider the Sale of Goods Act from 1892. Goods had been bought and sold from even before Time Immemorial and Mercantile Law (Common Law) had developed to commonise the settling of disputes arising from a sale of goods

    Along comes Parliament and codifies (puts into Statute) the Common Law that had been developed. The late 1800s saw some BIG pieces of Statute being passed (SoGs, Partnership 1890, Bills of Exchange 1892) and these are all good examples of Parliament putting into Statute form the matters previously subject to only Common Law

    Does that answer it for you?

  • Author
    Posts
Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.
Log In

Primary Sidebar

ACCA News:

ACCA Introducing professional skills into the Options exams

ACCA Professional Skills Webinar – Register now

Donate

If you have benefited from OpenTuition please donate.

Specially for OpenTuition students

20% off BPP Books

Get BPP Discount Code

Latest comments

  • thulasikaur on The cost of capital (part 2) – ACCA (AFM) lectures
  • TANYASHARMA29 on Investment Appraisal – NPV, IRR – ACCA Management Accounting (MA)
  • belatris16 on The Final Audit – the Assertions Revisited – ACCA Audit and Assurance (AA)
  • sashafarah on Accounting Conventions and Policies – ACCA Financial Accounting (FA) lectures
  • John Moffat on Objectives of organisations – ACCA (AFM) lectures

Copyright © 2022 · Support · Contact · Advertising · OpenLicense · About · Sitemap · Comments · Log in


We use cookies to show you relevant advertising, find out more: Privacy Policy · Cookie Policy