Construction Law in UK
The legal system in England and Wales
is based on common law. This means that the law and corresponding legal system
derives from judges’ decisions and is developed by the courts and similar
tribunals (called case law), rather than through constitutions or legislative
codes and statutes. In England and Wales, construction law is made up of six
main bodies of law:
Contract law – the law that governs agreements
and arrangements between parties
Law of tort – the law that addresses, and
provides remedies for, civil wrongs not arising out of contractual obligations
Legislation – various statutes and subordinate
legislation (regulations, orders etc.) govern the carrying out of construction
operations
Breach of statutory duty – this is a failure to carry out
duties or to fulfil obligations imposed by legislation. An injured person may
make a civil claim if it has suffered injury as a result of the breach (unless
specifically excluded in the statute itself)
Law of restitution – this area of law is concerned with
the award of remedies which have one common function – to deprive the defendant
of a gain, rather than to compensate the claimant for loss suffered
Criminal law – sanctions are imposed for acts and omissions which constitute criminal activity under English law
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