Common law

common law

Law made by judges through decisions in higher courts

what is a key feature of common law?

It is a Doctrine of precedent which is when courts follow decisions made by higher courts in the hierarchy and follow past decisions to keep law consistent

Advantages of common law

It develops quickly because judges can respond to new issues without waiting for parliament and it is consistent uncertain meaning people know what the law is

disadvantages of common law

can be rigid, which means they are hard to change which leads to bad precedents And judges are an elected which can lead to Democratic concerns

real example of common law

The snail and the ginger beer a bottle case 1932 where a woman sued the manufacturer after finding a decomposed snail in her beer bottle that her friend bought and it made her very unwell. This meant that she had no contract but Lord Atkins created the neighbour principal which means you owe a duty of care to people who are closely and directly affected by your actionsand this created the modern law of negligence

Real example of common law part two

the R V R Case 1991 where a judge ruled that martial Rape was illegal which resulted in a precedent until parliament stepped in and reflected that judges can update the law to suit modern values and lower courts must follow