Binding Precedent

Question 1

What is a binding precedent?

Answer 1

The reason for a decision of a higher court that MUST be followed by a lower court lower in the same hierarchy

Question 2

In Grant V. Australian Knitting Mills what was grant affected by

Answer 2

Dermatitis from wearing a pair of underpants he purchased

Question 3

How did the underpants get infected?

Answer 3

The manufacturer had negligently left metal sulphite in the material

Question 4

What did grant sue the manufacturer for?

Answer 4

Negligence

Question 5

What case did the court refer back to In Grant V. Australian Knitting Mills

Answer 5

Donoghue V. Stevenson

Question 6

How did Grant V. Australian Knitting Mills follow the decision in Donoghue V. Stevenson

Answer 6

In that they found that the manufacturer owed a duty of care to the consumer

Question 7

How is Grant V. Australian Knitting Mills an example of binding precedent

Answer 7

As the ruling was made in the High Court and all cases below it are bound by that decision

Question 8

What did Grant V. Australian Knitting Mills make a binding principle on?

Answer 8

The tort of negligence in Australia