Common Law Order Of Precedence
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FAQ
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) The Schedule (excluding the specifications). (b) Representations and other instructions. (c) Contract clauses. (d) Other documents, exhibits, and attachments. (e) The specifications.
A precedent, known as stare decisis, is a history of judicial decisions which form the basis of evaluation for future cases. Common law, also known as case law, relies on detailed records of similar situations and statutes because there is no official legal code that can apply to a case at hand.
Precedence clauses aim to reduce, or eliminate ambiguity when conflicts arise. It states the order of precedence between the different clauses. There are principles of the general law that give precedence to what are known as ?Special Conditions?.
A: Common law is based on all previous legal rulings made by judges in a common law court. Examples of such rulings are common law requirements for people to read contracts, doctor-patient confidentiality, copyright, and common law marriage.
Order of precedence clauses generally address conflict or ambiguity between various contract documents, but not within each one of the contract documents. For instance, it would generally not resolve any conflict or ambiguity within the Scope of Work (which itself can often be hundreds of pages in multiple sections).