elements of english law

Elements of English Law Question 1 The basic chance of habitual righteousness systems is that antecedents are binding. The main element of common rightfulness is event law. Case law is based on decisions in nerves which nourish been heard in coquette, and these recorded decisions, name an important primal source of contract law. These decisions act as a precedent for future cases taken to court. The precedents are come out by courts with high authority, for example the House of Lords. The courts have to watch the precedents set by the courts above them. As Park CJ give tongue to in Mirehouse v Rennell , Precedent must be adhered to for the pastime of developing the law as a science. In decided cases, suppose have to know what to take as precedent, so as to find the ratio decidendi. Cases must learn precedent when their clobber facts are the same. The judge then takes the dogma defined in the ratio and uses it to reach his decision, along with the reasons for doing so. In the case of nursing home Fire Insurance confederacy v Grant the court decided that the letter of word meaning took effect when it was posted, the reason piece of tail this principle was that the home 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 but may be persuasive. around precedents are binding, this depends on th e level of the court where the decision was ! reached. Firstly, there is the House of Lords, this court is apprenticed 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 even-tempered require lawyers who deal with the readiness of cases to show clearly if they limit to invite the House to depart...If you urgency to get a extensive essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay