How new legislation relates to the existing law
This is a single section from Chapter 3. 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 a policy change). The common law is able to evolve flexibly and so is more adaptable than legislation. The cost and the potential risks of legislating should not outweigh the benefits of the new legislation.