Arrest

Abstract

The purpose of law is to serve the community within which it exists. It seeks to enable people to live together in a community in comparative harmony and order. It attempts this by providing rules and standards to which the ordinary citizen is supposed to adhere and by providing procedures through which an aggrieved citizen may seek some redress for harm caused to him - he does not have to resort to self-help. Since the law is a form of social regulation it must change and develop to meet the needs of an ever-evolving community life; its various branches must be critically examined to see whether they are fulfilling useful social functions. If they are not they should be changed. What is required of the law has been well put by McCardie J. in Prager v. Blatspiel, Stamp and Heacock, Ltd., [1924] 1 K.B.566. a case concerning the sale of goods. He was talking about the common law, but his remarks are relevant to law in general. He said,