What is the common law?

Common law is a type of law created by judges’ interpretations of existing laws and can differ from state to state. In Washington, common law governs many areas of contract law, including the formation of contracts, their enforcement, and what happens when one party breaches a contract. Common law also dictates how to interpret contracts when one party’s words or intentions do not perfectly align with what is written in a contract. Common law serves as a complement to the more specific statues that have been created by the legislature in Washington. Common law is often referred to as “case law” since its basis is in court opinions related to decisions of the day. It is rooted in English common law that was brought over to the United States during colonization and then established in the various states. Common law is often seen as having an evolutionary nature, meaning that it changes and develops as courts issue decisions that are based on existing law, but adds interpretation where needed. This means that decisions in Washington may differ from those in other states, resulting in case law that is particular to Washington. So, common law is a type of law established by judges’ interpretations of existing laws, and it applies in Washington to many areas of contract law. Common law is based on English common law, and it is an evolving law reflective of the decisions of the courts in the state. This creates case law that is more specific to Washington, which affects how contracts are formed, enforced, understood, and interpreted.

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