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Difference between revisions of "The Law for Family Matters"
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===The common law and government=== | ===The common law and government=== | ||
While the court is more or less free to develop the common law as it sees fit, the principles of the common law can be overridden by legislation made by the government. For example, the | While the court is more or less free to develop the common law as it sees fit, the principles of the common law can be overridden by legislation made by the government. For example, the laws that deal with the interpretation and enforcement of contracts were at one point entirely governed by the common law. The government, as it decided it needed to regulate different aspects of the law of contracts, has made legislation covering lots of different areas of contract law, including such laws as the provincial ''Sale of Goods Act'' or the federal ''Advance Payments for Crops Act''. The new legislation overruled the old common law principles. | ||
From a family law perspective, it used to be the case that a husband could sue someone else for "enticing" his wife to commit adultery or to leave him. Suing someone for enticement was a claim created by the courts. The ''[[Family Law Act]]'' now expressly forbids a spouse from bringing a court proceeding for enticement, thus overriding the common law rule. Other old common law claims abolished the ''Family Law Act'' include claims for breach of promise of marriage and loss of the benefits of marriage. | From a family law perspective, it used to be the case that a husband could sue someone else for "enticing" his wife to commit adultery or to leave him. Suing someone for enticement was a claim created by the courts. The ''[[Family Law Act]]'' now expressly forbids a spouse from bringing a court proceeding for enticement, thus overriding the common law rule. Other old common law claims abolished the ''Family Law Act'' include claims for breach of promise of marriage and loss of the benefits of marriage. | ||
