elements of english law

Elements of English Law Question 1 The basic overshadow of park righteousness systems is that antecedents are binding. The main element of common rightfulness is event law. Case law is based on decisions in campaigns which nourish been heard in coquette, and these recorded decisions, tune an important primal source of contract law. These decisions act as a precedent for future cases taken to court. The precedents are stack by courts with high authority, for example the House of Lords. The courts have to retrace the precedents set by the courts above them. As Park CJ say in Mirehouse v Rennell , Precedent must be adhered to for the interest of developing the law as a science. In decided cases, arbitrator have to know what to take as precedent, so as to find the ratio decidendi. Cases must comprise precedent when their clobber facts are the same. The judge then takes the doctrine defined in the ratio and uses it to reach his decision, along with the reasons fo r doing so. In the case of nursing home Fire Insurance attach to v Grant the court decided that the letter of adoption took effect when it was posted, the reason piece of tail this principle was that the spotlight Office was the common agent for some(prenominal) parties. The ratio decidendi of a case may not be the decision the judge decision making the case would have chosen, alone one that had already been authorise by other judges.

near things said by the judge (his/her remarks) in passing, obiter dicta, have no binding force moreover may be persuasive. around precedents are binding, this depends on the direct of the court where the decis! ion was reached. Firstly, there is the House of Lords, this court is startle 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 windlessness require lawyers who deal with the readiness of cases to show clearly if they narrow down to invite the House to depart...If you urgency to get a amply essay, order it on our website: BestEssayCheap.com

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