Statutory Interpretation in Private Law

By: M Scott Donald (Editor), Prue Vines (Editor)

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17 May 2019

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288

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In the past 50 years private law has undergone a revolution: statutes are now prevalent in every area.

This book considers how judges in private law cases should respond to this change. How are statutes to be interpreted in this area with its deep historical roots, and is it reasonable to think that statutory interpretation might have different aspects and emphases in private law compared with public law?

Divided into three parts: Introduction; Current Trends and Debates; and, Applications of Statutory Interpretation in Private Law, the book seeks to recognise the institutional reality of the statutory presence in private law. A distinguished group of authors including the Hon Tom Bathurst AC, Justice Mark Leeming and Justice Ashley Black, consider this question from a range of viewpoints. For example, the area of private law is full of transactional analysis – how different is the construction of contracts from statutory interpretation?

The book canvasses some general questions about how statutory interpretation operates in private law, such as whether there should be a different concept of the principle of legality in private law, or whether parliamentary intention might include an understanding of private law. Particular applications such as the role of statutory interpretation in contributory negligence, defamation, directors’ duties, consumer law and equity are also considered.

Industry Reviews

[T]he text and its contributors grapple with whether the interpretation of statutes in private law is a different “creature” from statutory interpretation in public law, and how statutory interpretation operates in private law. … The text boasts an esteemed collection of contributors, with each chapter providing an interesting and engaging analysis of its chosen topic. The topics themselves are diverse. This text is an engaging and, in many instances, thought-provoking read. It would be a valuable addition to any legal practitioner practising in private law, or with a general interest in this area. - Queensland Law Reporter - 19 July 2019 - [2019] 28 QLR

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