Common law
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 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.
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.
[edit] Related articles on Designing Buildings
- Alternative dispute resolution.
- Civil procedure rules.
- Collateral warranties.
- Construction contract conditions.
- Estoppel contracts.
- Feu charter.
- Housing Grants, Construction and Regeneration Act.
- Privity of contract.
- Precedent.
- Recovery of third party losses.
- Rights of third parties.
- Vicarious performance.
[edit] External references
- ‘Construction Contract Law: The Essentials’ (9th ed.), UFF, J., Sweet & Maxwell (2005)
Featured articles and news
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.
Quick summary by size, shape, test, material, use or bonding.
Types of rapidly renewable content
From forestry to agricultural crops and their by-products.
Terraced houses and the public realm
The discernible difference between the public realm of detached housing and of terraced housing.
Looking back at the influence of climate events
From a designer and writer: 'There are limits to growth but no limits to development'.
Terms, histories, theories and practice.
Biophilic design and natural light
Letting in the light and natural elements into spaces.