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Essay / Research Paper Abstract
This 4 page paper is written in 2 parts. The first part considers the concept and relevance of binding precedent. The second part of the paper looks at case concerning offer and acceptance of contract. The paper is written with reference to Australian law. The bibliography cites 8 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEaupreccon.rtf
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Unformatted sample text from the term paper:
common law judicial system....woven into the essential fabric of each common law countrys constitutional ethos" (2002, p412). However, over time the importance of binding precedent has been eroded due
to the way that law itself has been developed and the increased influence of statues and the way in which they are written leaving less room for interpretation. However, binding
precedent remains an important concept. Binding Precedent is also known as the doctrine of stare decisis, this means allow the decision stand (Ivamy, 2008). Under this paradigm decisions already
made by the courts in similar cases are respected, with binding precedent being the way the authority of the higher courts is imposed on the lower courts, as decisions of
higher court is binding on a lower court(James, 1996). This concept is the basis of common law facilitating continuity as the decisions made look to past decisions. The use
of binding precedent may be argued as creating an effective form of law, the statutes and events are interpreted by the judge in order to make a decision, which is
then binding on lower courts. If the law is not operating in the way that the legislature intended then there is the potential to alter this through legislation. The concept
allows gaps in legislature to be filled. It may be argued that the way that this creates constancy is not only needed in the courts, it is in the
public interests as it indicates the way cases are likely to b seen by the courts, and facilitates a degree of predictability which is needed for efficiency as well as
to support the effectiveness of relevant laws. However, not all countries follow the same concept, in mainland Europe former cases are persuasive but are not binding (Weatherill and
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