Introduction

An initial difficulty with the phrase common law is that it has a variety of meanings, with the correct one in any given context depending on that context. Thus it may be contrasted with statute law, equity and civil law. For the moment, we will use the phrase common law in its most general sense of judge-made law, by way of contrast with statute law and delegated legislation. Within our discussion of this meaning of the phrase, we will explain the origins and meaning of equity, leaving only the distinction with civil law to be dealt with briefly at the end of our discussion. However, as we shall see, the phrase common law may also be used in a narrower sense, in which it contrasts with equity.