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Common Law

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Common Law
Common law is a system of law, which is developed by the judges through the decision of courts, which is generally seen as being opposed to the civil system, which consists of statues, which is adopted by the legislative process, which in turn is developed by the executive branch. Precedent or case law therefore constitutes the system of law. Some of the rules constituting common law that was not adequate to ensure justice as common law itself is not adequate are the damages, mistake, and undue influence which are sorted below as example:
• Damages- While building a house, the contractor and the owner had a contract of making a building, which contained 20 windows, but the contractor ended up making only 18 windows. As the windows were not made as per the contract, the contractor need to either make the window as told or needs to pay certain amount as compensation to the owner so that the owner can ask other to do the work for which he needs to pay. So it is a damage that is faced by the owner and compensated by the contractor.
• Mistake - as per given example in damages while building a house a contract is made as per building of the house with certain amount of money. So, as the owner of the house needs to pay money to the contractor as it was contacted before Rs.200000. so while paying the contactor by cash receipt, the owner signed the receipt only of RS.20000 without checking the amount signed the owner paid the contractor as well as the contractor didn’t check the receipt. So, it is a mistake.
• Undue influence- if A is a person who is sick and B is the doctor. A is going under treatment with B and needs a surgery. Then on the day of the surgery everything was made ready in the operation theater, but at the last moment B asked A for Rs.50000. As A needs to be operated he accepted the proposal and had his surgery done. After the doctor B as filed

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