Dictionary

Common law

“Law made by judges through court decisions that guide later cases, used alongside written legislation in England and Wales, the US and much of the Commonwealth.”

Why common law matters to a first-time founder

Court decisions can affect how contracts, duties and remedies are understood even when legislation does not spell out every point. Which decisions bind a court depends on the jurisdiction and court hierarchy. Founders should not assume that a rule from England, the United States or Australia applies elsewhere.

Examples of common law

A supplier contract does not state every consequence of a serious breach. In a common-law jurisdiction, a court may apply principles developed in earlier cases alongside the written contract and legislation. A similar dispute in another country may follow a code or different precedent and reach another result.

Common misunderstanding

Common law is not law without statutes. Common-law systems have extensive written legislation, and legislation can change or replace judge-made rules. The term can also refer to a specific body of judge-made law rather than an entire legal system, so its meaning depends on context.

When to use it

Use the term when explaining the source of a legal rule or comparing legal systems, and always name the jurisdiction. For an actual contract, employment or liability decision, use qualified local advice. A general internet summary of another country’s common law is not a reliable answer.