Donoghue v Stevenson Essays Video
Donoghue v Stevenson 1932 Duty of Care the Snail in the Bottle Law Case Summary ReasoningAbsolutely not: Donoghue v Stevenson Essays
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April 19, Download full paperFile format:. HEL is stated to be a retail organization, which is principally involved in dealing with a range of household and electronic products across the South-east region of England. The household and electronic products offered by the retail stores of the organization include home appliances such as home entertainment systems, washing machines along with Personal Computers PCs , Tablets, and iPads among others. Moreover, building a strong relationship with its business partners along with enhancing its reputation has also facilitated HEL to obtain significant values within its operating areas. However, for the last two years, HEL has been experiencing a significant decline in its market shares due to the rising competition in the respective business industry along with the instability of the global economy. The consequences of significant losses incurred in the market share resulted in an increase in the target set for its retail stores through the implementation of a higher pricing strategy for its wide range of households and electronic products. Moreover, the company has also been identified to implement higher promotional activities in order to refurbish the annual sales of its retail stores. The strategy of changing business policies or regulations was highly motivated the organization to cope with the potential challenges caused by the market competition and economic instabilities. Correspondingly, the case scenario of HEL demonstrates three major scenarios regarding the difficulties faced by the organization with respect to the legal regulations and policies. The company has conducted a wide range of advertising programs through different media to publicize its newly developed pricing structure for the products offered by its retail outlets.Definition of Terms Before examining the operation of precedent it is important that you understand the following terms: Res Judicata: a decision handed down by the court is conclusive as between the parties to a case unless it is reversed on appeal.
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The decision binds the parties and the case and the case cannot be re-opened. The policy behind this rule is that there should be finality in litigation. Res Judicata applies even if fresh and relevant evidence comes to light after the case has been decided. One exception to this rule is that certain criminal matters may be re-opened by the way of appeal by the accused if that person can produce new evidence. We shall look in greater detail in this concept later in this unit. Donoghue v Stevenson Essays Dictum: means a saying by the way.
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It is a principle or statement of law not statement of fact said in a judgment, which statement of law is not necessary to decide any issue of fact or to decide any question presented for decision in the case. Obiter dictum singular, obiter dicta plural. Reversing: occurs when a higher court on appeal reverses the decision of a lower court. Reversing affects the res Donoghue v Stevenson Essays, ie the order or judgment of the lower court. Overruling: occurs when a higher court decides that a proposition of law expounded by a lower court was wrong. The higher court overrules the lower court and thereby affects the see more decidenti of the lower court decision. Essxys higher court may send the case back to the lower court for the case to be re-tried in light of the new ruling on law.
The Operation of Precedent You have already been introduced to precedent and to its place in the common law. You will recall that as a principle of law, courts are in some circumstances bound to follow the decision of other courts. This principle is Sevenson referred Donoghue v Stevenson Essays as stare decisis which means let the decision stand.
You will no doubt realize that the use of precedent is not confined to the courts.
The need for certainty is another pressure in support the use of precedent. As Lord Justice Scrutton stated: [I]n my view, liberty to decide each case Donoghue v Stevenson Essays you think right without any regard to principles laid down in previous similar cases would only result in a completely uncertain law in which no citizen would know his rights or liabilities until he knew before what judge his case would come and could guess what view that judge would take on a consideration of the matter without any regard to previous decisions.
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How to Approach the Study of Precedent There are two central enquiries: i. Which decisions of which courts in a legal system bind other courts? What part of the decision is binding? How is a precedent case applied? Court Practices Regarding Precedent To deal with the first of these enquiries you need to know in some detail the Federal and State court structure see unit 3. In particular you need to Donoghue v Stevenson Essays how courts rank in relation to each other. You then need to know what practices the courts have adopted regarding precedent. The most important of these practices are: each court is bound by decisions of courts higher in the same hierarchy, eg the More info Court of Nigeria binds the the Court of Appeal, High Courts — that is, a binding precedent; most courts including the High Court and the Supreme Court are not bound to follow their own decisions; courts are not bound to follow decisions of courts outside their own hierarchy but they may find the decision of the other court quite persuasive.
For example a judge in the High Court would treat a decision of the House of Lords the highest court in England or of the PCJC as Donoghue v Stevenson Essays persuasive in reaching a decision on a case before him or her. These are examples of non-binding precedent or persuasive precedents; a court even if it is not strictly bound by its own previous will refuse to follow its own decisions in clear cases of error; and the fact that a precedent is old does not necessarily weaken its authority.
Courts frequently rely on early 19th century cases. Obviously, though, in some circumstances because of changed social conditions the effect of a precedent may be weakened. Finding the Ratio As noted in the introduction to this unit, the process of finding the ratio of a case can be quite elusive. It is a skill acquired over many years of practice and is greatly assisted by having a good knowledge of substantive law. Space does not Donoghue v Stevenson Essays such a study in this course and you are only expected to gain a basic understanding of the process.
In reality it is unlikely that a non-lawyer will be confronted with a court decision afresh and will have to decide what is the ratio. Instead you will usually be able to draw on the views of legal authors and possibly later court decisions to assist you. To try to illustrate the operation of precedent let us consider the famous case of Donoghue v Stevenson [] AC ]
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