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Mo. Rev. Stat. § 1.010

Common law in force — effect on statutes — failure to render health care..

Known as the Second Amendment Preservation Act

The act spans §§ 1–1 (43 sections).

Applied in 5 court decisions — leading case Gregory v. Ashcroft (1991)

Most recently applied in In Re Double Eagle Construction, Inc. (November 1995)

Effective: 28 Aug 2015, 2 histories; (RSMo 1939 § 645, A.L. 1957 p. 587, A.L. 2015 S.B. 239); Prior revisions: 1929 § 645; 1919 § 7048; 1909 § 8047

How often courts cite this section

197819801990199520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. The common law of England and all statutes and acts of parliament made prior to the fourth year of the reign of James the First, of a general nature, which are not local to that kingdom and not repugnant to or inconsistent with the Constitution of the United States, the constitution of this state, or the statute laws in force for the time being, are the rule of action and decision in this state, any custom or usage to the contrary notwithstanding, but no act of the general assembly or law of this state shall be held to be invalid, or limited in its scope or effect by the courts of this state, for the reason that it is in derogation of, or in conflict with, the common law, or with such statutes or acts of parliament; but all acts of the general assembly, or laws, shall be liberally construed, so as to effectuate the true intent and meaning thereof.

2. The general assembly expressly excludes from this section the common law of England as it relates to claims arising out of the rendering of or failure to render health care services by a health care provider, it being the intent of the general assembly to replace those claims with statutory causes of action.

Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.