Common law - Revision history

Editor at 09:35, 24 May 2023

2023-05-24T09:35:41Z

← Older revision		Revision as of 09:35, 24 May 2023
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	There have been attempts to ‘codify’ or write down the common law to make it more accessible. This is the responsibility of the Law Commission, a statutory body which makes proposals for amending legislation to clarify common law, which is then a matter for Parliament to accept or otherwise. Examples include the joint and several liability for a breach of contract – Civil Liability (Contribution) Act, and the Contracts (Rights of Third Parties) Act.		There have been attempts to ‘codify’ or write down the common law to make it more accessible. This is the responsibility of the Law Commission, a statutory body which makes proposals for amending legislation to clarify common law, which is then a matter for Parliament to accept or otherwise. Examples include the joint and several liability for a breach of contract – Civil Liability (Contribution) Act, and the Contracts (Rights of Third Parties) Act.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Alternative dispute resolution.		* Alternative dispute resolution.

Editor at 09:35, 24 May 2023

2023-05-24T09:35:29Z

← Older revision		Revision as of 09:35, 24 May 2023
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	English (and Commonwealth) law consists of common law and statute. Common law is made by judges, whereas statutory law is made by legislation passed by governments.		English (and Commonwealth) law consists of common law and statute. Common law is made by judges, whereas statutory law is made by legislation passed by governments.

−	Common law is ‘applied in common’, there are no written principles, but instead it has been developed through a system of evolving ~~precedents~~ since it was created in the 12th and 13th centuries. This defining characteristic provides the common law with its unique flexibility which allows it to be adapted to changing times and circumstances with relative ease. By contrast, statutory law can be too rigid, requiring amendments to be made to accommodate specific situations that arise.	+	Common law is ‘applied in common’, there are no written principles, but instead it has been developed through a system of evolving precedent cases since it was created in the 12th and 13th centuries. This defining characteristic provides the common law with its unique flexibility which allows it to be adapted to changing times and circumstances with relative ease. By contrast, statutory law can be too rigid, requiring amendments to be made to accommodate specific situations that arise, it cn also be referred to as case law for that reason.

	Under the common law system, judges develop a body of ‘case law’ on particular topics which together provide instruction and guidance for subsequent cases. In this sense, judges have more influence and significance in a constitutional sense than do judges under the civil law (non-criminal) of other countries.		Under the common law system, judges develop a body of ‘case law’ on particular topics which together provide instruction and guidance for subsequent cases. In this sense, judges have more influence and significance in a constitutional sense than do judges under the civil law (non-criminal) of other countries.
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	* Housing Grants, Construction and Regeneration Act.		* Housing Grants, Construction and Regeneration Act.
	* Privity of contract.		* Privity of contract.
		+	* Precedent.
	* Recovery of third party losses.		* Recovery of third party losses.
	* Rights of third parties.		* Rights of third parties.

Designing Buildings at 06:11, 13 October 2020

2020-10-13T06:11:48Z

← Older revision		Revision as of 06:11, 13 October 2020
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	There have been attempts to ‘codify’ or write down the common law to make it more accessible. This is the responsibility of the Law Commission, a statutory body which makes proposals for amending legislation to clarify common law, which is then a matter for Parliament to accept or otherwise. Examples include the joint and several liability for a breach of contract – Civil Liability (Contribution) Act, and the Contracts (Rights of Third Parties) Act.		There have been attempts to ‘codify’ or write down the common law to make it more accessible. This is the responsibility of the Law Commission, a statutory body which makes proposals for amending legislation to clarify common law, which is then a matter for Parliament to accept or otherwise. Examples include the joint and several liability for a breach of contract – Civil Liability (Contribution) Act, and the Contracts (Rights of Third Parties) Act.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Alternative dispute resolution.		* Alternative dispute resolution.
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	* ‘Construction Contract Law: The Essentials’ (9th ed.), UFF, J., Sweet & Maxwell (2005)		* ‘Construction Contract Law: The Essentials’ (9th ed.), UFF, J., Sweet & Maxwell (2005)

−	[[Category:~~History~~]] [[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]] [[Category:Property_law]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:History]] [[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]

Editor at 16:28, 13 June 2017

2017-06-13T16:28:30Z

← Older revision		Revision as of 16:28, 13 June 2017
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	* Construction contract conditions.		* Construction contract conditions.
	* Estoppel contracts.		* Estoppel contracts.
		+	* Feu charter.
	* Housing Grants, Construction and Regeneration Act.		* Housing Grants, Construction and Regeneration Act.
	* Privity of contract.		* Privity of contract.
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	* ‘Construction Contract Law: The Essentials’ (9th ed.), UFF, J., Sweet & Maxwell (2005)		* ‘Construction Contract Law: The Essentials’ (9th ed.), UFF, J., Sweet & Maxwell (2005)

−	[[Category:History]] [[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]	+	[[Category:History]] [[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Property_law]]

Editor at 13:54, 14 September 2016

2016-09-14T13:54:57Z

← Older revision		Revision as of 13:54, 14 September 2016
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	* Alternative dispute resolution.		* Alternative dispute resolution.
		+	* Civil procedure rules.
	* Collateral warranties.		* Collateral warranties.
	* Construction contract conditions.		* Construction contract conditions.

Editor: Created page with "English (and Commonwealth) law consists of common law and statute. Common law is made by judges, whereas statutory law is made by legislation passed by governments. Common law i..."

2016-07-28T14:19:13Z

Created page with "English (and Commonwealth) law consists of common law and statute. Common law is made by judges, whereas statutory law is made by legislation passed by governments. Common law i..."

New page

English (and Commonwealth) law consists of common law and statute. Common law is made by judges, whereas statutory law is made by legislation passed by governments.

Common law is ‘applied in common’, there are no written principles, but instead it has been developed through a system of evolving precedents since it was created in the 12th and 13th centuries. This defining characteristic provides the common law with its unique flexibility which allows it to be adapted to changing times and circumstances with relative ease. By contrast, statutory law can be too rigid, requiring amendments to be made to accommodate specific situations that arise.

Under the common law system, judges develop a body of ‘case law’ on particular topics which together provide instruction and guidance for subsequent cases. In this sense, judges have more influence and significance in a constitutional sense than do judges under the civil law (non-criminal) of other countries.

The principle of common law spread through the Commonwealth from the 16th century onwards with the growth of the British Empire. This still applies in many countries today.

In practice, common law is found in case reports. Some topics will have only one or two relevant cases which comprise the common law, while others might have many more cases which date back over centuries. This can mean it is difficult to interpret and it is often unclear whether a decision in one case is relevant to another.

There have been attempts to ‘codify’ or write down the common law to make it more accessible. This is the responsibility of the Law Commission, a statutory body which makes proposals for amending legislation to clarify common law, which is then a matter for Parliament to accept or otherwise. Examples include the joint and several liability for a breach of contract – Civil Liability (Contribution) Act, and the Contracts (Rights of Third Parties) Act.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Alternative dispute resolution.
* Collateral warranties.
* Construction contract conditions.
* Estoppel contracts.
* Housing Grants, Construction and Regeneration Act.
* Privity of contract.
* Recovery of third party losses.
* Rights of third parties.
* Vicarious performance.

=== External references ===

* ‘Construction Contract Law: The Essentials’ (9th ed.), UFF, J., Sweet & Maxwell (2005)

[[Category:History]] [[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]