Judicial Precedent Is Based On Stare Decisis

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1A) Judicial precedent is based on Stare decisis therefore in similar cases judges have to follow their own decisions and decisions made by judges before are binding on similar cases in the future to which previous ratio decidendi applies in order to reach a final decision. Ratio decidendi forms a binding precedent which means that in future cases it has to be followed which contain the same principles. Donoghue v Stevenson in 1932 set a legal precedent still in use today. 1B) Ratio decidendi refers to the part of judgment where explanations are given regarding the reasons for a decision. It is the general grounds rom which a decision is taken. Sometimes a judge may refer to a number of matters during the case which may not directly…show more content…
Part payment of debt is a promise to accept part payment of debt for a certain time and this does not count as good consideration for a lesser payment. unless something extra has been given up the person is still able to sue for the balance. It is also important that it must be equitable for the promisor to go back on his promise Sam is able to reply on the doctrine of Promissory Estoppel which states a contract can be enforced even though there is no consideration. 4A) A breach of contract is when one party doesn 't perform the contract in a way which is expected or doesn 't perform the contract at all. There are different ways in which a contract can be breached and the first of these is a minor breach which once this happens the innocent party is entitled to compensation but the contract is not terminated. The second manner a contract can be breached is a fundamental breach where the contract can be terminated and damages can be claimed such as in the case of Poussard vs Spiers (1876) where the breach was great enough to warrant a termination of contract between two parties.
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