ABSTRACT

Any comprehension of the law applicable to construction and engineering projects requires at the very least, a rudimentary understanding of the legal framework within which the law has developed and is applied, and the nature of legal rights and remedies deriving from the various sources of law. 1

The law is a body of enforceable rules comprising social, political, moral and economic factors intended to maintain order and social control of society. There are different types of law including common law, equity and statute law. Common law is the part of English law developed by judges who make court decisions (case law) which are binding on lower courts and are known as precedent. Common law legal jurisdictions are widespread throughout the world in those countries formerly part of the British Empire and in those now forming the Commonwealth. The common law system is also used in the United States. Equity is the part of English law developed in the former Courts of Chancery and designed to mitigate the rigours of the common law. Since the Judicature Acts 1873-1875, the courts administer both common law and equitable principles, and where there is a conflict between the rules of law and equity, the rules of equity should prevail. Statute law is the law enacted by the legislature in the form of Acts of Parliament. The common law system is noted for its flexibility.