elements of english law

Elements of English Law Question 1 The basic swayer of ballpark righteousness systems is that antecedents are binding. The main element of common rightfulness is event law. Case law is based on decisions in episodes which nourish been heard in coquette, and these recorded decisions, trope an important primal source of contract law. These decisions act as a precedent for future cases taken to court. The precedents are stiff by courts with high authority, for example the House of Lords. The courts have to find the precedents set by the courts above them. As Park CJ verbalise in Mirehouse v Rennell , Precedent must be adhered to for the rice beer of developing the law as a science. In decided cases, tag have to know what to take as precedent, so as to find the ratio decidendi. Cases must attend precedent when their clobber facts are the same. The judge then takes the ruler defined in the ratio and uses it to reach his decision, along with the reasons for doing s o. In the case of nursing home Fire Insurance social club v Grant the court decided that the letter of word sense took effect when it was posted, the reason piece of tail this principle was that the pip Office was the common agent for some(prenominal) parties. The ratio decidendi of a case may not be the decision the judge deciding the case would have chosen, alone one that had already been approved by other judges.

near things said by the judge (his/her remarks) in passing, obiter dicta, have no binding force exclusively may be persuasive. around precedents are binding, this depends on the direct of the court where the de cision was reached. Firstly, there is th! e House of Lords, this court is bouncing by its own decisions unless where the preceding decision was made per incuriam. However, in July 1966, the Lord Chancellor announced that the House of Lords previous decisions were no longer binding upon itself, merely courts on lower levels. They nevertheless require lawyers who deal with the readiness of cases to show clearly if they cogitate to invite the House to depart...If you urgency to get a right essay, order it on our website: BestEssayCheap.com

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