Activity 1 sm Essays

754 WordsDec 12, 20144 Pages
Activity 1 Critically consider why English law is frequently chosen to govern international trade contracts, considering the main points highlighted below: The nature of English common law and its development Why common law is different from codified law What is the impact of judicial “policy decisions” on the application and development of English common law? Why are we still a common law jurisdiction when all modern law is created in statutory form? To what extent is there “freedom of contract” within English commercial law? + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + Answer: The nature of English common law and its development: Common law relies heavily on previous…show more content…
Judicial decisions have a big impact on the development and application of English common law because judicial decisions that were made in previous cases are generally taken into account and followed in similar cases in the future. Judicial decisions in the English common law are binding which means that they can usually only be reversed by a higher court (or incase the decision comes from the highest court, by the same court). Repeated similar decisions on similar cases therefore shape the law and provide certainty as well as certain predictability that similar cases will be treated alike. Why are we still a common law jurisdiction when all modern law is created in statutory form? Civil law is less flexible and more difficult to amend than common law. It relies on exact definitions that are either met or not met to fulfill certain conditions of a specific criminal offense. The common law allows judges to adapt, re-think and interpret the law to pass judgment on a case by case basis. Since common law is constantly evolving it develops together with the society that uses it. To what extent is there “freedom of contract” within English commercial law? The English law contains the right to freedom of contract which provides the involved parties with the liberty to establish a contract based on mutual agreement that is not subject to governmental interference (as long as the contract does not include illegal or immoral terms which the English law does not enforce).
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