ABROGATE

Abrogate generally refers to the formal annulment or repeal,cancellation or abolish either any law, right, custom or legal agreement through an act of authority, i.e. legislature, constitutional authority, or custom that contradicts the prior law. The term ABROGATE comes from the Latin word, i.e. ABROGARE, meaning “TO REPEAL (a law)”.

IT APPLIES IN FOLLOWING WAYS:

Ø CONTRACT AND INSURANCE LAW: It refers to rescind or terminate a contract. A rescission of a contract may be done based on void or voidable contract (due to revoking determinants such as misrepresentation or mistake), and parties are brought back to their pre-contractual position. On the other hand, Termination comes into being in the sphere where repudiation or breach of a contract occurs.

Ø COMMON LAW: It gives the right to abort for breach of contract. This right comes into being if a party ruptures a requisite term(condition) or execute any severe violation of a non-requisite term(intermediate).

 Ø LEGISLATION: Abrogation of law can be done if parliament repeals any statute or if an act is particularly enacted to nullify the rule of law established by the courts.

 CASELAW:

STATE GOVERNMENT INSURANCE COMMISSION V. TRIGWELL (1979) 1 42 CLR 617

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