What is the common law?
The common law is a system of laws shared by many states, including New Hampshire, which relies on prior court decisions and legal principles for guidance in matters of contract law. Common law is based on centuries of court decisions, often from England, and legal principles discussed and interpreted by legal experts and judges. In New Hampshire contract law, common law is used to determine the interpretation and meaning of a contract. Generally, a contract will be interpreted according to its plain language, and if courts cannot find the intention of the parties in the language of the contract, then common law is used to interpret the agreement. Common law also allows courts to modify or add to contractual terms if a judge believes that the modifications would further the intentions of the parties. Common law is also important when deciding whether a contract is valid, voidable, or unenforceable. Courts in New Hampshire use common law principles to determine when contracts are legally binding and when parties have the right to seek damages for breach of contract. In short, common law is an important legal tool in New Hampshire contract law. By relying on interpretations and principles from the past, common law helps courts make sense of contracts in the present and offers a predictable and uniform system of law.
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