Avoiding Precedant Flashcards

1
Q

What is overruling

A

Later court decides the law stated in different case is WRONG and BAD LAW

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2
Q

Reversing

A

Saying LOWER court decision WRONG

usually following an APPEAL case

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3
Q

Distinguishing

A

Most widespread

Material differences in facts

Ratio of previous case doesn’t apply

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4
Q

Distinguishing case

A

Hollwell security v Hughes 1974

  • acceptance by post
  • exercisable by notice in writing
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