Professional Documents
Culture Documents
CE 02.24
Aim
Legal Concepts and Construction Contracts
To familiarize students with the English system of law. To begin discussions on the system of law in the different countries in Asia.
Construction Law
Legal Concepts and Construction Contracts
Person A
Person B
1. The law must resolve all disputes/problems. No problem is indeterminate. 2. There is no simplification of the law to fit cases. 3. The law does not work on the basis of pure logic. The principles are inducted, not deducted. 4. The latest law should be applied.
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1. Substantive law:(defines rights and duties - tort, contract, crime, etc.); and procedure (the process that should be followed in applying substantive law). 2. Common law (judge made) and statute law (legislation). 3. Private law and public law.
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4. Common law (applied generally in the English realm) and equity. Statutes
Other bodies have been given authority by the parliament to make rules and regulations in their areas of jurisdiction. These may be called rules, regulations or bye-laws.
Equity
Legal Concepts and Construction Contracts
The common law remedy for breach of contract is damages. However, the plaintiff may not be adequately compensated by the damages. Equity may force the defender to fulfil obligations.
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1. Law reports
2. Statutes (gazettes)
3. Regulations, bye-laws, etc. 4. Law text books. The Law Courts in a country may be as shown in Figure 2.
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Supreme Court
Legal Concepts and Construction Contracts
Court of Appeal
New case
High Courts
New case