Statutes of general application - subsidiary legislation, Business Law and Ethics

Statutes of General Application:

Whereas there is no authoritative definition of a "statute of simple application" the phrase is presumed to refer to those statutes that applied to the inhabitants of England usually. However in the case of I v I the High Court held that the Married Women's Property Act 1882 is an English statute of simple application which is applicable in England.

In fact these laws are applicable only whether as;:

(a)If they do not conflict either any of the other written laws applicable or with the constitution in England, and

(b)If the circumstances of England and its inhabitants permit. So there in I v I the High Court held such that the English Married Women's Property Act 1882 was applicable in England it means that in the court's view there the circumstances of England and its inhabitants do not usually require such a woman should not be able to own property.

However a statute of general application that was in force in England on 12th August, 1897 but has been repealed through an English statute enacted later than that date presumably remains a prima facie source of England Law except the repealing statute has been exclusively incorporated into England Law. Like a condition is the Infants Relief Act 1874 .

Posted Date: 1/16/2013 3:08:33 AM | Location : United States







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