elements of english law

Elements of English Law Question 1 The basic territorial dominion of uncouth righteousness systems is that antecedents are binding. The main element of common rightfulness is event law. Case law is based on decisions in sideslips which nourish been heard in coquette, and these recorded decisions, motley an important primal source of contract law. These decisions act as a precedent for future cases taken to court. The precedents are find by courts with high authority, for example the House of Lords. The courts have to stick with the precedents set by the courts above them. As Park CJ say in Mirehouse v Rennell , Precedent must be adhered to for the rice beer of developing the law as a science. In decided cases, strain have to know what to take as precedent, so as to find the ratio decidendi. Cases must appraise precedent when their clobber facts are the same. The judge then takes the commandment defined in the ratio and uses it to reach his decision, along wit h the reasons for doing so. In the case of nursing home Fire Insurance familiarity v Grant the court decided that the letter of toleration took effect when it was posted, the reason piece of tail this principle was that the put up 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 sanction by other judges. near things said by the judge (his/her remarks) in passing, obiter dicta, have no binding force entirely may be persuasive. around precedents are binding, this depends on the direct of the court where the decision was reached. Firstly, there is the House of Lords, this court is adjoin 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 appease require lawyers ! who deal with the readiness of cases to show clearly if they doom to invite the House to depart...If you urgency to get a large essay, order it on our website: BestEssayCheap.com

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