An affirmative statute does not derogate from the common law.

Explanation

A statute that creates a new right or procedure does not, by that creation, abolish the existing common law remedy — both stand unless the statute expressly provides otherwise.

Where this applies

• A new statute creates a right, and someone claims the old common law remedy is abolished.
• The government argues that a new regulatory scheme replaces the common law cause of action.

See also

• 1.2.4 Things derogatory to the common law are strictly interpreted.
• 1.2.5 Things introduced contrary to the common law are not to be drawn into precedent.