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Decent Essays

Question 1 part b 1 The definition of the doctrine of precedent is lower courts are bound by the decisions of higher courts within the same judicial hierarchy if the facts are similar. For example, in south Australian there are three tiered or layered court system. The lower layer is Magistrate court; the Middle layer is District court and the upper layer is the Supreme Court. The highest court is the high court of Australia. So if a decision made by the Supreme Court, the Magistrate court has to follow. Moreover, the Doctrine of precedent consists of binding precedent and persuasive precedent. Binding precedent mean is that lower courts must follow higher court’s decisions when the fact is similar. Persuasive precedent means is that …show more content…

On 9th James&Bella accepted Joe’s offer and wrote back to Joe immediately which means Joe’s offer accepted. However, Joe did not hear any thing from James&Bella until 10th Aug. On 10th Joe sold alpaca to local farmer for 6,500 and he telephoned James&Bella informing them that the alpaca had already been sold. But James&Bella told Joe he should sell the alpaca to them because they already sent an acceptance letter. According to Adams V Lindsell once the letter has been posted the acceptance is valid regardless of receiving date, so James&Bella will rely on this particular rule. On the other hand, Joe can argue there was no acceptance because the letter James&Bella received his rejection and their counter offer on the 7th Aug. Conclusion: Base on postal acceptance rule James&Bella have right to enforce Joe to pay any damages incurred due to his breach of

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