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Davis V. Baugh Case Study

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Davis v. Baugh Industrial Contractors, Inc.
Common Law Rule On the fourth of July in 1776 the United States became an independent nation. At that point in time, the foundation for a formal legal system was put into place. One of the oldest sources of law is the common law, which dates back to the colonial days. In the case of Davis v. Baugh, the common law rule was used in the first court trial. Common law refers back to precedent cases of similar disputes and assists the judge in making a decision after comparing both cases. Utilizing this ruling to resolve disputes in court is very helpful because it provides uniformity in court. This rule also provides an expectation of what the verdict will be based off the prior cases. Most importantly, common law allows the judge to remain neutral without the implication of personal bias on each case (Meiners, 2012, pp. 9-10).
Changes in Law Society is constantly changing and adapting each day.
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Baugh, the higher courts decided not to accept the common law verdict and to actually overturn its ruling, replacing it with a new and updated holding. The key reasons for that decision were that this particular doctrine had not been reviewed in that court in over 40 years, making the information very outdated in the modern times. This was especially important because the assumptions included in this ruling were about building practices no longer applicable in modern construction. One point made was that modern contractors place most of their work out of sight where it cannot be examined by land owners. In addition to that, majority of today’s landowners do not have the knowledge to inspect work and note mediocre results. The changes to the Doctrine of Completion and Acceptance will affect liability by now placing an increased responsibility on the contractor for safe and complete work. Now, moving forward, the contractor is liable for any injury resulting from defective work (Meiners, 2012, pp.
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