Because the judge-made rules of common law apply only when there is no applicable statute or other type of law, common law fills in gaps left by other legal rules if sound social and public policy reasons call for those gaps to be filled. Judges thus serve as policy makers in formulating the content of the common law. In Young V. Beck , which follows shortly, the Court surveys the relevant legal landscape and concludes that a longstanding common law rule should remain in effect.
A later section in the future will focus on the process of case law reasoning, in which courts engage when they make and apply common law rules. that is deemed to exist between the head of the household and the driver of the family car.” Case citation omitted. The doctrine… serves “a practical purpose” of “providing reparation for an injured party from the closest financially responsible party to the wrongdoing minor.” Case citation omitted.
We now consider the Becks’ argument that this court should abandon the family purpose doctrine. The Becks contend the doctrine lacks a viable legal basis or public policy justification, is “grossly unfair to any parent of a young driver,” and functions as “solely a penalty against wealthy parents.”