1.0201 Laws applicable in American Samoa.

Cite as [A.S.C.A. § 1.0201 ]

The following are declared to be in full force and to have the effect of law in American Samoa:

(1) the Constitution of American Samoa.

(2) the parts of the Constitution of the United States of America and the laws of the United States of America as, by their own force, are in effect in American Samoa;

(3) this Code, as amended from time to time and rules issued pursuant thereto;

(4) so much of the common law of England as is suitable to conditions in American Samoa and not inconsistent with this section.

(5) the provisions of the prior codes of American Samoa and other laws that are not inconsistent with the provisions of this Code, until such time as they are repealed or superseded.

History: 1961, PL 7-14.

Case Notes:

Contributory negligence was part of English Common Law before 1776 and has been thus incorporated as law applicable in American Samoa. Court will not substitute more equitable comparative negligency doctrine without mandate from Fono. Manuma v. Lolotai, ASR (1976).

Statute adopts common law of England as applied and modified by U S Courts at time statute adopted and since construed. RCAS 1.0101,3 Tung v. Ah Sam, 4 ASR 764 (1971).

An administrative rule adopted pursuant to the rulemaking process in the Administrative Procedure Act has the force and effect of law. A.S.C.A. §§ 1.0201(3), 4.1001-4.1010. Bryant v. Southwest Marine of Samoa, Inc., 23 A.S.R.2d 55 (1992).

The common law of contracts applies in American Samoa unless it conflicts with a territorial statute or is unsuitable to local conditions. A.S.C.A. § 1.0201. Development Bank v. Ilalio, 5 A.S.R.2d 1 (1987).

Secured transactions in American Samoa are governed by common law principles except where those principles have been modified by statute or are otherwise inappropriate to local conditions. A.S.C.A. § 1.0201. Development Bank v. Reed, 5 A.S.R.2d 135 (1987).