In what circumstances will a statute replace the common law?

California, United States of America


The following excerpt is from Frost v. Geernaert, 200 Cal.App.3d 1104, 246 Cal.Rptr. 440 (Cal. App. 1988):

In general, where statute and common law conflict, the statute will govern as the latest expression of the law. (2A Sutherland Statutory Construction (4th ed. 1984) 50.01, p. 421.) However, statutes should not be interpreted to alter the common law unless it is expressly provided they should do so; there is a presumption a statute does not, by implication, repeal the common law. (People v. Zikorus (1983) 150 Cal.App.3d 324, 330, 197 Cal.Rptr. 509.)

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