BACHELOR OF THE SCIENCE OF ENGINEERING IN CIVIL

ENGINEERING LAW
 Law is a system of rules and guidelines which are
Session 02 enforced through social institutions to govern
behaviors.
INTRODUCTION TO LAW  It shapes politics, economics and society in numerous
ways and serves as a social mediator of relations
between people.
o Two important principle in law
• Law is supreme
• Unawareness of the law is not an
By excuse to violate the law
Ch. QS. Gayan Fernando
Chartered Quantity Surveyor/ Lecturer 2
B.Sc. (Hons) in QS, LLB (Hons)
M.Sc. in CL&DS, Dip. in Arb., Dip. in Insurance, AIQSSL.

SOURCES OF LAW SOURCES OF LAW

 Ways by which law can be created Legislation
 Most important legislation is
 Legislation constitution
 Opinion of Jurist  Constitution deals with power
 Courts decisions of parliament, executive and
 Customs judiciary, procedure for
government, franchise, power of
 Religion
provincial councils,
 Equity fundamental rights of peoples
 UK have no written constitution
but SL has - 1978
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 SOURCES OF LAW SOURCES OF LAW
Legislation Legislation
 Statues are secondary sources of legislation which  Subordinate legislation, which is also referred to as
state activity of society is governed delegated legislation, is legislation issued by a
 In Sri Lanka, legislation may take the form of one body or authority which is empowered by primary
of three type legislation to enact such secondary legislation.
(a) Regulations and proclamations issued by the  Rules, regulations, orders issued by Ministers and

Governors between 1801 and 1833 government officials under and in terms of primary
(b) Ordinances which were passed by the colonial
legislation and bylaws enacted by local authorities
are examples of subordinate legislation.
legislatures of Ceylon between 1833 and 1947
(c) Acts which have been passed by the Parliament
after 1948.
All laws passed before 1978 remain valid 5 6

through Article 168 of the 1978 Constitution.

SOURCES OF LAW SOURCES OF LAW

Opinion of Jurist Customs
 Interpret statues,  Unwritten right brought in
administrative rules and gradually by the usage of those who
executive orders (Supreme practice it and having the strength
court has this power) of law
 In Sri Lanka custom is expected by
Court Decision the Courts according to certain
 Case laws – Oder on dispute rules
between litigants & Rules • The custom must be ancient
and principles applied for • It must be reasonable
decision • Custom muse be certain
7 • The custom must be observed as a right 8

• Conformity of custom with statutes and

common law
 SOURCES OF LAW SOURCES OF LAW
Equity
Religion
 The concept of equity is
 Laws have been made on the basis of different
Universal
religions. E.g. Muslim law and Vehera and
 Equity is distinct from all
Devalagam law
other sources of Law in that it
 Many different religions have effected the is not possible set out in a
development of the law of Sri Lanka. concrete form the rules of
 Religion has been a factor in the development of Equity.
custom and even the drafting legislation.  It is an abstract concept or
principal behind the Law
influencing it where the
operations of strict legal rules
9 would lead to injustice. 10

CLASSIFICATION OF LAW PUBLIC & PRIVATE LAW

 Public Law – concerns with the relationship between
 Public & Private the state and its citizens
 Criminal & Civil  Private Law – concerns with rights and duties
towards each other
 Substantive & Procedural
 Common & Legislation
Public Law Private Law
 Constitution law  Law of contract
 Administrative law  Law of delict
 Criminal law  Law of property
 Family law
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 Law of trust
 CRIMINAL & CIVIL LAW SUBSTANTIVE & PROCEDURAL LAW
 Criminal Law –  Civil Law – rules which, if  Substantive Law – deals with substance of law &
concerns with forbidding broken do not result in sets outs the right and duties governing the people as
certain forms of punishment by the state they act in the society
wrongful conduct but generally in a claim  Procedural Law – establishes the rules under which
(Theft, assault, robbery, for compensation by one the substantive laws are enforced and shows the way
trafficking in controlled person against another of obtaining rights or way of discharge the obligation
substances, murder, etc) (Law of contract, Law of
and punishing those Ex: Criminal procedure, Civil procedure, Law of evidence
delict, company law, land
who engage in those law)
prohibited

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LEGISLATION & COMMON LAW LEGAL SYSTEM

 Legislation – acts and ordinance passed by
parliament and bye laws of local authorities
 Common Law – body of law derived from judicial
decisions of courts and similar tribunals.

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 LEGAL SYSTEM- SL LEGAL SYSTEM- SL
 Origin of civic polity in Sri Lanka goes to 425 BC Today we have multiple combination of different
 Governing system in that period was the absolute monarchy legal systems
 By 6th Century, Muslims and other communities were settled in the  Roman Dutch Law
island  English Law
 In 1505, Portuguese arrived to Sri Lanka. They introduced
 Kandyan Law
modification to Sinhalese customary law
 Tesawalamai Law
 Dutch captured Sri Lanka in 1656 and after they introduced
 Muslim Law
Roman Dutch Law
 In 1796, English came to Sri Lanka and Sri Lankan legal system
came under English law

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LEGAL SYSTEM- SL LEGAL SYSTEM- SL

Roman Dutch Law Application of RDL
 During Dutch period, they introduced their law to Sri Lanka  Family law
 Dutch never ruled Kandyan province during their period  Law of delict
 At that time, no influence for Kandyan law  Law of contract
 Dutch recognized the laws and customs of Muslims and Tamils  Law of property
 Roman Dutch Law (RDL) is applicable to fill gaps in the  State liabilities
personal laws and in all areas that are not regulated by statues  Ownership
 Thus, RDL is called as Common Law and Residual Law of  Possession
Sri Lanka
 RDL applies to all persons in Sri Lanka when their own personal
laws do not applied
 Thus, RDL is called as General Law in Sri Lanka 19 20
 LEGAL SYSTEM- SL LEGAL SYSTEM- SL
English Law Kandyan Law
 English Law (EL) was applied to the whole island after 1815  From 1505, Kandiyan provinces were maintained its territorial
 EL was introduced by statues & through courts integrity till 1815
 During that period native laws and usages by low country

Application of EL Sinhalese were considerably affected by European laws though

native laws were not expressed superseded
 Constitutional law
 In Williams v. Robertson (1886) 8 SCC 36, held that Kandyan
 Banking law
law is not a territorial law and applied to all Kandyan Sinhalese
 Law of agency

 Insolvency law

 Some area of law of contract

 Criminal law
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LEGAL SYSTEM- SL LEGAL SYSTEM- SL

Tesawalamai Law Muslim Law
 All persons who come within the description of Malabar  Apply to all Muslims in Sri Lanka
inhabitants of province of Jaffna but includes certain sections of  In Khan v. Maricar (1913)16N.L.R:425 case, held that Muslim
Northern province law is applicable to all Muslims and immigrants from India know
 Not applied for Trincomalee and Batticaloa as coast Moors
 In Savundranayagam v. Savundranayagam [1917] 20 NLR 274,  Katchi Mohamed v. Benedict, the accused was a Muslim married

Savundranayagam parents were Colombo Chetties born in to a Muslim wife according to Muslim rites. Subsequently, he
Colombo but letter settled down in Jaffna and held that he is became a Catholic and married a Catholic woman while first was
not govern by Thesawalamai law. still subsisting and it was held that he was guilty of bigamy
 In King v. Perumal [1911] 14 NLR 496, it was held that Hindu
born in India and settled down on Central Province is not
governed by Tesawalamai law.
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 COURT SYSTEM - SL WHY IS LAW FOR CONSTRUCTION ???
• Supreme Court  Construction projects require interaction of so many
parties
• Court of Appeal Established under Constitution  Contractual relationships are complicated as they
• High Court have differences in interests
• District Court  Forming a contract and in case of breaching that, we
• Magistrates’ Court Established under Judicature act require law
• Primary Court

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CONSTRUCTION LAW CONSTRUCTION LAW

 Law of Contract  Law of Contract - Body of law that governs oral and
 Law of Delict written agreements

 Law of Property  Law of Delict – Law governs on civil liability for

wrongs
 Health, Safety & Welfare Law
 Law of Property – Law to control all rights , duties
 Environmental & Planning Law and obligations related to properties
 Commercial Law  Health, Safety & Welfare Law- Law deals with
health, safety and welfare of people in the workplace

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 CONSTRUCTION LAW
 Environmental & Planning Law - better protect the
environment by the impact of construction project as
well as create a country with better living conditions
in future.
 Commercial Law - Law that applies to the rights,
relations, and conduct of persons and businesses
engaged in commerce, merchandising, trade, and
sales

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