Avoiding Precedant Flashcards
1
Q
What is overruling
A
Later court decides the law stated in different case is WRONG and BAD LAW
2
Q
Reversing
A
Saying LOWER court decision WRONG
usually following an APPEAL case
3
Q
Distinguishing
A
Most widespread
Material differences in facts
Ratio of previous case doesn’t apply
4
Q
Distinguishing case
A
Hollwell security v Hughes 1974
- acceptance by post
- exercisable by notice in writing