Distinguishing A Precedent Flashcards
1
Q
What is distinguishing a precedent?
A
Court decided the man in facts of a case are sufficiently different to a previous precedent, thus not binding
2
Q
Give an example of a case where a precedent was distinguished
A
Davies V. Waldron
3
Q
What case was distinguished in the Davies V. Waldron case?
A
Gillard V. Wenborn
4
Q
What link did the judge say it was necessary to make in Davies V. Waldron?
A
To link the intoxicated person in charge of the car with the risk that he’ll drive it while drink
5
Q
Why was Gillard V. Wenborn distinguished?
A
On the difference on the facts of the two cases
