Question

discuss how the Common Law promotes "certainty" both as a system and through principles or doctrines of law. Discuss any statute that seeks to promote "certainty" in Common Law

Answer 1

In order to understand how the Common Law promotes “certainty” we need to first understand Common Law first.

Common Law is the entity of law that constitutes a summation of judicial decisions of several courts and legal judgment on a particular case or rule in the past. In simpler terms, it can be defined as the process where the judges refer to judgments given by courts in the past on similar cases before framing their own decision and/or judgment for the case at hand. The law has a sense of predictability and in some cases it helps to give insight to both the parties involved in the court of a law over a particular case about its outcome. Through the use of Common Law judgment becomes faster as a set of rules, laws and procedures are already present in the past record for reference, this make judgment easier for the court dealing with similar cases.

The Common Law also have some downside where a case might get dismissed or the judgment might become wrong since it followed the earlier footprints as per the Common Law even if the judgment was faulty at that time. Therefore it is not advisable to follow Common Law blindly in complex cases where there is a possibility of reformation, this little possibility in the court of law can actually form the base of a new judgment altogether for a case similar in nature from the past. It must be noted that in case the precedent is absent judges might perceive evidences in a wrong way resulting in a wrong decision altogether, as predicting the outcome was not possible.

It must also be noted as the prime characteristic of Common Law that it is an amalgamation and representation of the law of the court in judicial decisions, wherein judges frame their decisions on cases as found in precedents made available by the past decisions which is contradictory to civil law system which is based on prescribes texts and statutes.

Let us now understand how Common Law promotes certainty both as a system, as principles of law and/or doctrines of law. Certainty can be stated enforceable in the case of contract if the fundamental terms are accepted and/or agreed. Through this principle legal system are required to allow subjects to the law for them to be regulated on the basis of conduct with certainty and to provide protection to those subject of the law from unrestrained or autocratic usage of state power. It must be noted that Common Law promotes certainty in regards when the performance has commenced as per the contract, and that the involved parties have a history of dealing in business together.

It must also be noted that a contract is considered certain and enforceable in law if it incorporates arbitration and/or price valuation clause, as it signifies that the parties involved have a similar intention of solving and accepting problems, challenges respectively in order for the contract to continue. Legal certainty helps as a principle for framing and/or development of legal methods using which law is made, analyzed, interpreted and implemented.

The statute that promotes certainty in Common Law is Statue of Limitations, in this principle all civil claims comes under this statue wherein time bound decisions are made thereby eliminating unnecessary delays. It gives the opportunity in light of certainty to an individual to put up a fair defense and also balance the judicial system at the same time by keeping its integrity intact.

Therefore it must be noted that certainty of a contract in case can be established on grounds where a common record or history is present and is being acted upon, therefore it is through the statute of limitations that evidences tampering truth or presenting witnesses to distract the court of law is eliminated in majority of the cases as abolishing it will cause instability in justice and will also result in entities facing potential indefinite liability.