Precedent
A precedent is simply something that precedes, or comes before something else and may be considered significant.
In the design and construction of buildings, precedents might be used as a form of architectural research to help develop ideas, concepts, schemes or details. More formally precedent buildings, although not automatically considered to be a material consideration, might be considered so or at least influential in terms of planning decisions, for example regarding heights of buildings, where one tall building maybe said to set a precedent for more.
Precedents can also become significant in term of disputes and legal cases in Common law (also called case law), often referred to as landmark cases.
In Common law a system of evolving precedents become ‘applied in common’, thus not requiring written principles, but developed through ongoing case examples as far back as the 12th and 13th centuries. This 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.
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- Construction contract conditions.
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- Feu charter.
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- Liberty Mercian Limited v Cuddy Civil Engineering Limited and others.
- Material consideration.
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- Rights of third parties.
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