Doctrine of Precedent

2264 Words10 Pages
ESSAY 02- eTMA 02 Question 1 The aim of this assignment is to explain the doctrine of precedent, discussing the extent by which the views expressed in the quotation are agreeable. To explain the doctrine of precedent, is to define it, e.g. what it is, how it function and the rules which apply to the various courts. The doctrine of precedent is based on stare decisis, which is the standing by of previous decisions. The doctrine applies if a proposition in one case is binding in a later case if it is: a proposition of law, part of the ratio decidendi of an earlier case, is decided in a court whose decisions are binding on the present court and that there are no relevant factual distinction between the two cases. (W200, Unit 1, p.194, (2)) Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts. For example in the case of Donoghue v Stevenson [1932] AC 562, (W200, Unit 1 p.24, 25,200 (4.2.1)) (Case summary) the House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. In the course of delivering a judgment, the judge will set out their reasons for reaching a decision. The reasons which are necessary for them to reach their decision amount to the ratio decidendi of the case. The ratio decidendi forms the legal principle which a binding precedent is meaning it must be followed in future cases containing the same material facts. The obiter dicta is things stated in the course of a judgment which are not necessary for the decision. For example in R v Howe & Bannister [1987] 2 WLR 568, (W200, Unit 1, The English Legal System, Slapper, G and Kelly, D, p.128, (3.6.3)) Case summary the House of Lords held that the defence of force was not available to murder. The House of Lords went on to consider whether the defence should be available to those
Open Document