Judge Dullard, an old family friend, is a trial judge in Indiana. He needs help in deciding Case A, which is now pending in his court. Because he knows that you are not yet failing your business law course (the quarter is far from over, however), he has called you for advice. Judge Dullard tells you:
"I'm really in a quandary over Case A. There's an Indiana statute, passed in 1982, that directly addresses the specific issue in the case, but I've found several Indiana Supreme Court cases from the 1960's and 1970's. All of those apply a common law rule that is the opposite of the rule stated in the statute. I've thought this over carefully, and I'm convinced that the rule contained in the statute makes for horrendous public policy, and that the common law rule is better. Can I decide Case A according to the common law rule?" What should you tell the judge?