This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Common Law and the related topic of personal injury. For more information on common law issues see the pages on Wikipedia.
See Va. Code § 1.200 indicating that common law of England in full force and effect except as altered by General Assembly.
1987 Blake Constr. Co. v. Alley, 233 Va. 31, 353 S.E.2d 724.
Statutes in derogation of common law are strictly construed and are not to be enlarged beyond their express terms.
1986 Williamson v. Old Brogue, Inc., 232 Va. 350, 350 S.E.2d 621.
Common law of England, if not repugnant to Bill of Rights or Virginia Constitution, continues in full force and effect and shall be rule of decision except as altered by General Assembly.
1960 Midkiff v. Midkiff, 201 Va. 829, 113 S.E.2d 875.
Common law is in effect in Virginia except where modified by statute. It is flexible. Changing conditions may give rise to new rights under law.
1952 Furey v. Furey, 193 Va. 727, 71 S.E.2d 191.
Where statute is in derogation of common law, it is to be strictly construed and read as if such law remained unchanged unless purpose to change it appeared expressly or by necessary implication.
1949 Carter v. Hinkle, 189 Va. 1, 52 S.E.2d 135.
Virginia still has as part of its law, common law pleading and practice.
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