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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