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Common law refers to the body of law developed through judicial decisions and precedents rather than written statutes. In the context of contractual incidence, maintenance involves the interference of a third party in a contractual relationship, typically by providing support to one party that encourages them to breach the contract. Maintenance is generally viewed as unlawful, as it undermines the stability and integrity of contractual obligations. Thus, under common law, parties are expected to honor their contractual commitments without undue external influence.

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