 | Morton J. Horwitz - Law - 1992 - 374 pages
...religion, science, and the market. It not only treated legislative initiatives with great suspicion ("statutes in derogation of the common law are to be strictly construed") but it reacted to the development of adm1nistrative regulation with an hostility reserved for an alien... | |
 | John E. H. Sherry - Bars (Drinking establishments) - 1993 - 952 pages
...guest, except for the acts of God, the public enemy or the guest himself. . . . "As a general rule, statutes in derogation of the common law are to be strictly construed. [Citations omitted.] However, this statute was obviously enacted to ameliorate the effect of the harsh... | |
 | Bryan A. Garner - Business & Economics - 2001 - 990 pages
...nonlegal contexts. It means "in abrogation or repeal of (a law, contract, or right)." Hence the maxim: Statutes in derogation of the common law are to be strictly construed. In a sense, that maxim is senseless, for, as Grant Gilmore once quipped, "what statute is not?" The... | |
 | New York (State). Commissioners of the Code, David Dudley Field - Admiralty - 1998 - 3652 pages
...tliis State there is no common law, in any case, "where the law is declared by the five Codes. § 2032. The rule that statutes in derogation of the common law are to be strictly construed, has no application to this Code. § 2033. All statutes, laws and rules heretofore in force in this... | |
 | William M. Wiecek - Law - 1998 - 296 pages
...intervention could only disturb that harmony. Thus classical lawyers often repeated the old precept that statutes in derogation of the common law are to be strictly construed. The public law counterpart was vigilant judicial oversight of legislation to insure its conformity... | |
 | John Phillip Reid - History - 2000 - 500 pages
...be made to interfere with the status quo as little as possible."126 There was no justification for the rule that statutes in derogation of the common law are to be construed strictly, Pound thundered.127 Nor, he pointed out, was such a suspicion of statute an inherent... | |
 | Edward A. Haman - Partnership - 2004 - 202 pages
...person or to his agent at his place of business or residence. Section 4. Rules of construction. (1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this act. (2) The law of estoppel and of agency shall apply under this... | |
 | Alan Meisel, Kathy L. Cerminara, Thaddeus M. Pope - Law - 2004 - 2007 pages
...interpreted as abrogating common-law rights.' [Citation omitted.] It is also a rule of statutory construction that statutes in derogation of the common law are to be strictly construed."). GA: Cf. In re LHR, 321 SE2d 716, 722 (Ga. 1984). IL: In re Brown, 689 NE2d 397, 404 (111. App. Ct.... | |
 | Tom Cody, Dem A. Hopkins, Lawrence A. Perlman, Linda L. Kalteux - Business & Economics - 2007 - 388 pages
...MISCELLANEOUS § 18-1 101. Construction and application of chapter and limited liability company agreement (a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. (b) It is the policy of this chapter to give the maximum... | |
 | Arthur T. von Mehren, Peter L. Murray - Law - 2007 - 299 pages
...courts accepted this view of statutes and construed legislation strictly and narrowly. The proposition that "statutes in derogation of the common law are to be strictly construed" found its way into judicial opinions construing legislative provisions. The twentieth century saw a... | |
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This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it. 
