Ratio Decidendi : The Fundamental Issue

The Plaintiff contests that orders to restrain the Plaintiff’s land use [8] by Pain J in the Land and Environment Court of NSW in 2005 constituted the ‘violation of correct legal procedures’ [14] and hence professional negligence, because the case was previously dismissed by Lloyd J [5].

In addition, Case Law Reasoning was used to determine the outcome. Case Law Reasoning is when courts take prior cases, also known as precedents, and apply these cases to guide in the decision making processes. This application of taking prior cases to assist in the conclusion of current cases is known as stare decisis. Because case facts often vary, several cases are usually brought up to expand and make it possible to have a factual determination. In addition, several cases are brought up because moral ideas and the acceptance of such will change over time. Having

Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:

27). By following this doctrine of precedent, stare decisis, judges are bound to follow the ratio decidendi, the reasons given, for the rulings in previous cases from higher up in their jurisdictional hierarchy. Rulings from other jurisdictions can also be used as persuasive force and argument, as can the obiter dicta, the judges’ comments other than those given as the reason for the ruling. In this way Judge made law resolves conflict and injustice by ruling consistently with rulings made in previous, characteristically similar cases. An inconsistent approach to similar situations cannot equate to being fair, just or equitable. In this way the ALS is not biased or prejudice, is applied equally to all, and ensures that the law is based on fairness and justice.

This group report will provide case study about Bridgewater v Leahy (1998) HCA 66. This is a High Court of Australia case to determine Neil York and Beryl York as the defendant and Leahy as the plaintiff. Leahy sued the defendant for challenge the legality of choice in the will of Bill York.

Abstraction is the creation of art without representation of objects, in which the artist has total freedom of the art that they are creating. I will be using three paintings from three different time periods in order to show the development and lasting effects of abstraction in the twentieth century. The first work that I will be looking at is Foghorns by Arthur Dove. I will use this piece to show the beginning of abstraction, and how ideas of abstraction were present before the movement began. The second painting that I will be looking at is Jackson Pollock’s Lucifer. I will be using this painting as an example of the height of abstraction in the 20th century and will be discussing Pollock’s influence on abstraction. The third piece of art I will be looking at is Many Mansion by Kerry James Marshall. I will use this work to show the remnants of Pollock’s influence, and the influence of abstraction in general, on art in the later half of the century. For the development of this paper I looked at two of the course readings. The first reading that I used was The Tradition of the New by Harold Rosenberg. I used this article to show how Foghorns by Arthur Dove relates to abstraction, and to show how ideas in creation of this painting can be linked to ideas of abstract art. The second reading that I used for this paper was The Legacy of Jackson Pollock by Alan Kaprow. I used this article to gain information about

In our world, today, it happens on occasion that we, like Hale, put too much justice on the fairness that our court system is said to have. It has happened that someone was convicted of a crime that the person did not commit or a person, who committed a crime receives too strict, or more commonly the case, a

According to Author: Hon. John M. Walker, Jr., Senior Circuit Judge, United States Court of Appeals for the Second Circuit. " The American case system is based on the principle of stare decisis and the idea that like cases should be decided alike" What I take from this passage is the equal rights of decision making from both parties. The judge decide matters depending no external authority designates precedents. Most cases will fall under the stare decisis in some sense.

Abstraction is used to simplify a complex object into a more generalised concept and its basic information and function of an object. It means looking at, for

The ratio decidendi means the principles of law on which the decision is founded. In the case of Carlill v Carbolic Smoke Ball Co Ltd (1892). The ratio decidendi in this case was that the advertisement was a unilateral contract, whereby, the Carbolic Smoke Ball Company made a promise to perform an obligation. The fact that the Carbolic Smoke Ball Company deposited £1000 with the Alliance Bank demonstrated intent of that promise and therefore it was not a ‘mere puff’. Communication of acceptance of the offer was not necessary in this case as Mrs Carlill accepted the offer from her conduct, in that, she purchased the smoke ball and performed the conditions of using the smoke ball as outlined on the advertisement. It was also established

In the case of Hall v Poolman, where the court held that : (2007) NSWSC694)

Chapter five is titled “Abstracting” which is a mystery that cannot be perceived to be general or generally understood. The first main point states that abstraction is “incredible simple that it is difficult to perceive its structure.” In other words, abstraction does not present the whole, but an essence in the form of a property that then reveals the whole. For example, a stick figure is related to a human figure, even though it is simple lines that represent the body and a circle representing the head. Another main point indicates that one must ‘know what abstraction is… why it is important… and learn how to find the simple concepts hiding among complex expression.” Most importantly, it is revealed by going beyond the senses into the eye of the mind, providing purity. In order to find abstract one must know it evolved from reality; all the traces from reality were removed, and was reduced to an essential form. The third main point, suggest abstractions in different careers influence each other such as, artistic abstractions lead to scientific and technological benefits. Demonstrated through the invention of taking motion pictures of a horse in the air as an art; leading scientist developing the method to analyzing key bones and limbs. Therefore, abstraction is a never-ending quest for the greatest simplicity and more arcane truths.

Firstly, the choice of law applicable to the substance of the dispute which the parties have made can be either express or implied and if such choice took place the arbitrators have to apply it. Without any indications concerning choice of applicable law, an arbitral tribunal has to determine such law through the searching of proper

In this case the majority decided that Dunlop had not provided any consideration to buy Selfridges promise. The consideration had been provided by Dew. But Viscount Haldane held that independently of the need of consideration, there was a fundamental principle that “only a party to a contact can be sued on it” and therefore Dunlop was not in any way a party to the contract but it was actually between Dew and Selfridge.

According to doctrine of stare decisis, not all statements of rule of law in the precedent are binding. The ration that leads to judgement and has the legal binding force is call ratio decisis, while the supporting ration to that