What is the distinction between common law and statutory law?
The distinction between common law and statutory law is an important one. Common law is based on court decisions and the opinions of judges, while statutory law is created by legislation. In Rhode Island, most business transaction laws come from statutory law. Common law is often referred to as judge-made law. It is based on precedents set by past legal decisions, meaning that all courts within a certain jurisdiction have to abide by decisions made by higher courts. This means that if one court declares something to be legal, then all other courts must follow that decision. Statutory law is typically created through a legislative body such as a state legislature or Congress. This type of law is usually created in response to societal needs or particular events. It is often more specific and detailed than common law, and usually applies to all people within a particular jurisdiction. In Rhode Island, statutory law is what primarily governs business transactions. Business law, which includes contracts, bankruptcy, and employment law, is mostly made up of statutes as opposed to common law. This means that any court decisions that are made regarding business transactions in Rhode Island must adhere to the relevant statutes. Common law may be used to interpret the statutes in certain situations, but ultimately any legal decisions regarding business transactions must comply with statutory law.
Related FAQs
What is an agency relationship in business transactions?What is the concept of jurisdiction in business transactions?
What is the parol evidence rule?
What is the evidence required to prove a breach of contract?
What is the scope of fiduciary duties in business transactions?
What is the concept of fraud in business transactions?
What are the rights and obligations of partners in a business transaction?
What are the advantages and disadvantages of partnerships?
What is the Uniform Commercial Code (UCC)?
What are the implications of antitrust and competition law for business transactions?
Related Blog Posts
Understanding Basic Business Transaction Law: A Beginner's Guide - July 31, 2023Business Transaction Law: The Benefits of Including It In Your Company - August 7, 2023
Important Considerations When Drafting Business Transaction Law Contracts - August 14, 2023
Critical Elements of Business Transaction Law and What You Need to Know - August 21, 2023
Unpacking the Complexities of Business Transaction Law - August 28, 2023