Commercial law essay judicial precedent

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The doctrine of judicial precedent is based upon the principle of stare decisis, more info means the standing by of previous decisions.

This means that when a particular point of law is decided in a case, all future cases containing the same facts judicial commercial law essay judicial precedent circumstances will be bound by that decision as signified in Donoghue v Stevenson [1] and Grant v Australian Knitting Mills. This will be done by firstly considering the role and commercial law essay judicial precedent of the doctrine, followed by a review as to its advantages and disadvantages.

Once the relevant information has been gathered an analysed, an appropriate conclusion will then be drawn.

Judicial precedent law essay

Commercial law essay judicial precedent precedent binds all lower Courts, whilst persuasive precedent does not actually have to be followed precedent is intended to merely persuade the Court into making a particular decision. This will provide greater certainty to the judicial system, which is vital in maintaining the interests of justice. There are many advantages to the doctrine of judicial precedent with one of the main advantages being the ability to save time when making a decision on a case.

This commercial law essay judicial precedent because the Court will not be required to analyse the case and make a decision as they will already have the answer before them, which is a significant benefit within the judicial process. Another advantage, which has already been mentioned, is the consistency between cases.

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This strengthens the system and is precedent likely to reduce crime since see more who are aware of the consequences will be less likely to commit a criminal offence. This is of course unless there is some further fact which is material to the decision precedent the Paper pay to write will then be capable of reaching a different commercial law essay judicial precedent. Therefore, a judge will be less likely to make a mistake when reaching commercial law essay judicial precedent conclusion and a decision will be deemed to be a lot stronger.

Injustice will also be prevented as it would certainly be unjust for different outcomes to be reached in two cases with similar facts.

Judicial precedent law essay

Precedent would be unfair and society would most likely lose confidence in the justice system. Judicial precedent also prevents judges from producing prejudicial decisions since a judge will often be bound to follow a previous this web page essay judicial if he disagrees essay judicial it.

Another advantage that commercial law essay judicial precedent commercial law the ability to develop the law even further. Making law in decided case provides an opportunity /essay-writing-my-dream-school.html growth and legal development and ensures precedent the law is able to keep abreast with the continuous advances in society.

Commercial law doctrine of judicial precedent can also be flexible in that precedent are able to make decisions on a case by case basis according to precedent individual facts and circumstances.

Essay on sociology of law

Precedent there commercial law essay a centralised legal system, it is much easier for judges essay judicial precedent follow. Arguably, there are many advantages to the doctrine of judicial precedent, yet is unclear judicial precedent these outweigh dna essay disadvantages which will be discussed commercial law the next section. Whilst there are many advantages to having a doctrine of judicial precedent in the, it often said that the doctrine commercial law essay unnecessary restrictions into the law.

However, the existence of judicial precedent often prevents judges from developing legal doctrine in accordance with societal developments.

This may not be appropriate in modern society and it seems as though further advancements may need to be made. This has a negative impact upon the role of judicial precedent and commercial law essay judicial precedent the complexity of the system.

This is because a certain area of the law may have developed over time, yet judicial decisions may not reflect the changes that have commercial law essay judicial precedent made.

Another disadvantage is that the volume of cases may result in too many precedents, causing confusion. It has also been put forward that judges may look for reasons not to follow a decision and therefore produce an illogical decision.

Judicial precedent may also cause injustice as the overruling of an earlier case may spark outrage if individuals have conducted their affairs in accordance with a decision. Since the Human Rights Act was enacted, the doctrine of judicial precedent has in fact been commercial law essay judicial precedent.

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