Introduction:
Case laws have been integral for the law systems as well as law students. They not only fetch students extra marks in exams, but also set as an example in the judiciary system.
Meaning of Common Law
Common law, also known as case laws, is a set of unwritten laws that are based on the precedents established by the courts. In cases where the results cannot be determined, common law serves as the purpose of influence which helps in determining the outcome in such cases. Common laws also prove to be an influence on new legislation to be adopted.
History
The common law was named so as it was common to all the King’s courts in England. The English common law dates its history back somewhere in the early Middle Ages in the King’s Court. The common law of England originated in the period after Norman Conquest which took place in the year 1066. The Angelo-Saxons had developed a set of rules which resembled the laws used by the people of Northern Europe. Crimes were treated as wrong-doings for which the victims were made to compensate.
The Norman Conquest produced a change slowly and gradually. The land was allocated to the King’s liegemen. Serious crimes were regarded as public crimes and the offenders were punished by giving death penalties and by forfeiting their properties. There was a system of centralized government and written records were maintained. The King’s officials enquired about the administration of justice in the whole country. There were separate law systems for the church and the state. This lead to rivalry over the jurisdiction.
The Normans spoke French. They had developed a traditional law in Normandy. They had some churchmen who has the knowledge of the Roman Law and the Canon Law of the Christian church. The Canon Law was implemented in the English church courts however the Roman Law was not very influential in England. This was due to the early urbanity of the Anglo-Norman system. Norman system did not displace itself to England. Hence a new set of rules emerged in England.
Features of Common Law
The features of common law are as follows:
- Common laws serve as precedents. This helps in the estimation of the outcome of a case based on the judgement of a similar previous case
- Common laws serve the problems of efficiency
- Common laws also serve as an example for people of all classes. Thus people of all classes can refer to them and understand them.
Importance of Common Law
The judges are required to make their judgments abide by the law as well as consistent. They also refer to previous judgments related to similar cases that help them to shape their opinion.
The importance of the common law system lays in the fact that it can be used as a reference in situations that were not contemplated by the legislature. In a common law system, an appellate court hears the cases and writes its opinions, laws referred to, viewpoints created and formed. After the judgment is given, there is a high possibility that similar cases will use the same rule of law which was formed in the already decided case containing the same legal issue. This is known as stare decisis which means “let the decision stand”.
Common law allows us to anticipate the behavior of others and to measure the legality of our actions.
Common Law System in the present day
The common law constitutes the basis of the legal systems of the United Kingdom, South Africa, Singapore, Philippines, Pakistan, India, Ireland, New Zealand, Myanmar, Malaysia, Nigeria, Kenya, Israel, Hong Kong, Ghana, Tobago, Canada, Brunei, Australia, Bangladesh, Belize, the Caribbean jurisdictions of Antigua and Barbuda, Barbados, Bahamas, Dominica, Grenada, Jamaica, St. Vincent and Grenadines, Saint Kitts and Nevis, Trinidad, England and Wales, Northern Ireland, United States and many other English speaking countries or Commonwealth Countries
- Scotland
Scotland has a unique systems that combines some elements of an uncodified civil law with an element of its own common law. From the 19th century, the Scottish approach to precedents developed into a stare decisis, therefore applying a more modern approach to the application of case law in subsequent instances.
Scotland shares the Supreme Court with England, Wales, and Northern Ireland for civil cases, however, it maintains a separate criminal law system from the rest of the UK. The Donoghue vs. Stevenson, a case that originated in Paisley, Scotland is the basis for the law of negligence in England at present.
- India, Pakistan, and Bangladesh
The law of India, Pakistan, and Bangladesh are widely based on the English common law because of the British colonial influence during the period when the British ruled them. The Arthashastra and the Manusmriti were very popular and quite influential. They were considered authoritative legal guidance. Post- partition, India held onto its common law system. The Indian Laws have European and American influence.
- Canada
Canada has separate federal and provincial legal systems. Each province and territory is considered a separate jurisdiction with respect to case law as per the Canadian provincial legal system. However, the Canadian federal courts operate under a separate system throughout Canada. The Canadian Criminal law is uniform throughout Canada.
- Ghana
Ghana follows the English common-law. This was inherited from the British during the colonization. The modern-day constitution of Ghana embraced the English common law and the doctrine of judicial precedence which is based on the principle of stare decisis.
Example of Common Law
An example of a common law is the landmark case named “Rylands v. Fletcher[1]”
Brief introduction: The defendant was sued by the plaintiff as the latter’s mine flooded. The trial court gave a judgment is the plaintiff’s favor. Hence the defendant sought for review.
Facts: The name of the aforementioned case is “Rylands v. Fletcher”. The plaintiff, Thomas Fletcher, owned and operated a mine which was by the side of which the defendant, John Rylands, constructed an artificial pond. The latter’s action resulted in the mine shaft being collapsed. This resulted in a flood. It caused damage to the plaintiff’s mine. The plaintiff sued the defendant. The trial court found the defendant to be guilty and so did the appellate court. The defendant appealed to the House of Lords, which gave the same decision as well.
Issue: Was the use of the defendant’s land unreasonable and was he to be held liable for damages incurred by the plaintiff?
Held: It was held that the defendant’s use of the land was troublesome. Proper cautions were not taken, which caused a loss to the plaintiff’s property.
Concurrence: The concurrence states that the defendant owed due diligence and care towards the plaintiff’s property. It was also concluded that when one person’s work causes damage to another person’s property, the person due to whom the damage was caused must suffer.
Synopsis of Rule of Law: A person who brings something on his land and if that thing escapes, that person is prima facie answerable for all the damage which is the natural consequence of its escape.
Discussion: The nineteenth-century English law was stricter than current law. Trespass liability ordinarily requires the physical intrusion onto property. Nuisance law requires a continuous and permanent activity.
Conclusion
In conclusion, in the common law system, the judge can produce law and also to declare it by means of interpretation of previous judgments or a written law.
[1] Rylands v Fletcher (1868) LR 3 HL 330
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