Repugnancy refers to the situation where two or more components of a legal document, such as a contract or law, lack coherence when considered together. It can be likened to the mismatch of two puzzle pieces, except in this case, it involves words rather than shapes.
Repugnancy is the term used to describe a contradiction or inconsistency between different sections of a legal document, such as a contract or statute. For example, a contract that promises an employee a bonus after one year of work, but also allows the employer to terminate the employee at any time, creates a repugnancy. Similarly, a statute that prohibits the sale of alcohol on Sundays, but also makes exceptions for certain religious ceremonies on Sundays, also creates a repugnancy. These examples demonstrate how conflicts can arise within legal documents when different parts contradict each other. In the first example, the contract’s promise of a bonus conflicts with the employer’s ability to terminate the employee, potentially preventing the employee from meeting the requirement for the bonus. In the second example, the statute’s prohibition of alcohol sales on Sundays is contradicted by the exceptions for religious ceremonies, leading to confusion and inconsistency in the law.
Repugnancy refers to a conflict or inconsistency between two laws or legal provisions.
If there is a repugnancy between two laws, it can create confusion and uncertainty in legal cases, making it difficult to determine which law should prevail.
Repugnancy is typically resolved through the application of legal principles such as hierarchy, specificity, and later-in-time rule. The court will analyze the conflicting laws and determine which one should prevail.
Yes, repugnancy can be avoided by ensuring that laws are drafted and enacted in a manner that is consistent and does not create conflicts with existing laws.
If a repugnant law is enacted, it may be challenged in court by individuals or organisations affected by its provisions. The court will then determine whether the law is indeed repugnant and should be struck down.
Yes, repugnancy can occur between laws enacted by different levels of government, such as federal and state laws. In such cases, the court will determine which law should prevail based on constitutional principles and the division of powers.
Yes, there may be exceptions to repugnancy in certain circumstances. For example, if a higher-level law explicitly allows for the existence of conflicting provisions in lower-level laws, repugnancy may not be an issue.
Yes, repugnancy can also occur between domestic laws and international laws. In such cases, courts may need to consider principles of international law and determine the hierarchy between conflicting provisions.
Yes, if a party believes that a law being applied in their case is repugnant, they can raise it as a defence and argue that the law should not be enforced due to its conflict with another law.
Yes, repugnancy can be resolved through legislative action. If lawmakers become aware of a conflict between laws, they can amend or repeal the conflicting provisions to ensure consistency and avoid future repugnancy.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/repugnancy/
- Modern Language Association (MLA):Repugnancy. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/repugnancy/.
- Chicago Manual of Style (CMS):Repugnancy. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/repugnancy/ (accessed: May 09 2024).
- American Psychological Association (APA):Repugnancy. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/repugnancy/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts