Binding Precedent A01

Question 1

Define binding precedent

Answer 1

must be followed → underpinned by stare decisis

Question 2

What are the two requirements for precedent being binding

Answer 2

-decision must be made by a superior court

-the facts of the new case must be similar

Question 3

which courts are bound by their own previous decisions

Answer 3

UKSC and CoA

Question 4

what are the exceptions for both the UKSC and CoA (circumstances where they are not bound)

Answer 4

UKSC - practice directions 3&4
CoA - Young v Bristol Aeroplane

Question 5

name two cases that created binding precedent

Answer 5

Donoghue v Stevenson → manufacturers owe a duty of care to consumers

R v Howe → duress cannot be a defence to murder

Question 6

method of avoiding precedent

Answer 6

overruling
reversing
distinguishing