This is a single section from Chapter 2. Read the full chapter here.

Does the common law already satisfactorily address those matters that the new legislation is proposing to address?

New legislation should not address matters that are already satisfactorily dealt with by the common law.


New legislation should only address matters already covered by the common law where it can result in improvement, such as increased clarity or certainty. The cost (not only of passing the legislation, but of its subsequent administration) and the potential risks of legislating should not outweigh the benefits of the new legislation.

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