Both can apply, depending upon whether the case

is brought before the Federal courts, or the State courts.

The Act of Parliament prevails, because parliament is

the superior law-making body, and it has the power to modify the common law.

Judge‐made law prevails, because judicial

law-making has a longer history than law-making by parliament, so it is

therefore superior.

Neither apply, because they cancel each other

out. New law is then required in order to regulate that particular business law

issue.