Description of the legal term Common Law:
Common law is the system of law based on judicial decisions and custom rather than written statutes. Originating in England, this system is characterised by the doctrine of precedent, whereby decisions made by higher courts bind lower courts in similar future cases. Common law evolves over time as judges interpret and apply the law, making it a dynamic and adaptable legal system.
Common law covers a wide range of areas, including contract law, tort law and property law. It is distinct from statutory law, which is made by a legislative body, and regulatory law, which is made by government agencies.
Legal context in which the term Common Law may be used:
Example 1: Development of the law of negligence
A classic example of common law in action is the development of negligence law. The landmark case of Donoghue v Stevenson in 1932 established the principle that individuals have a duty of care to avoid causing foreseeable harm to others. This case set a legal precedent and the principles set out in the judgment have since been applied and refined in countless subsequent cases, shaping the law of negligence not only in the UK but in many common law jurisdictions around the world.
Example 2: The common law of property
Common law principles play an important role in property law. For example, the common law has developed the concept of adverse possession, whereby a person can acquire legal title to land by possessing it for a certain period of time under certain conditions. This principle has been established and developed through various court decisions over time, demonstrating how the common law adapts to changing social needs and conditions.
