Navigating Solutions and Darkness

Sources of English law 1. Common law 2. Law merchant 3. Principle of equity 4. Statute law Common law - Name given to those principles of law evolved by judges in making decisions on cases that are brought before them. - Built up over many years to form a complete statement of the law in particular areas. - The body of legal rules, the primary sources of which were the general immemorial customs, judicial decisions and textbooks on jurisprudence. Law Merchant - Most important source of Mercantile law - Those customs and usages binding on traders in their dealings with each other. - Should be ancient, general and notorious and commands universal compliance. - If not, has to be proved by the party claiming it. Principle of Equity - Body of rules, the primary source of which was neither custom nor written law, but the imperative dictates of conscience which has been set forth and developed in the Court of Chancery. - Procedure of Common Law courts was technical and d...

Law may be from the sovereign, from popular consensus, from god, from a number of heterogeneous factors. These sources can be divided into: Principle sources Customary law -  Even though this is the most ancient form of law, its importance is diminishing with the growth of legislation and precedent. With sanction  - Enforced by the state Legal - operate as binding rule of law, recognized and enforced by the courts. Local - prevails in definite locality or community, source of law for that place only. General - prevails throughout the country. E.g.: common law of England Conventional - “usages” – binding due to an agreement between parties and not due to any legal authority independently possessed by them. Conditions:  It must be shown that convention is clearly established and fully known to the contracting parties. No fixed period for which it should have been observed before recognized as binding. Must be reasonable and can't alter the law of the land....