Disapproving A Precedent Flashcards
1
Q
What is disapproving a precedent
A
A court expressing its disapproval of a precedent but is still bound by it
2
Q
Give a court example of disapproving a precedent
A
State Government Insurance Commission V. Trigwell and Ors
3
Q
How were Mr and Mrs Trigwell injured?
A
When a vehicle collided with their car after hitting two sheep
4
Q
Who did the trigwell’s sue for damages?
A
The owner of the other car and the owner of the sheep
5
Q
What did the High Court decide to follow?
A
The old common law that the land owner didn’t owe a duty of care for their stock
