EXAM- Precedent

Question 1

Define precedent

Answer 1

A court decision that is followed by another court lower in the hierarchy

Question 2

Outline the facts of Donoghue V. Stevenson

Answer 2

Donoghue’s friend purchased a bottle of ginger beer for her and after drinking half she discovered a decomposed snail in the bottle. She became ill and sued the cafe for negligence. The House of Lords found the cafe to be negligent

Question 3

Outline the importance of Donoghue V. Stevenson

Answer 3

Before this case the legal concept of negligence did not exist and the ratio decideni in this case provided the guiding principle of negligence still used today.

Question 4

Ratio decideni

Answer 4

Reason for the decision

Question 5

Obiter dictum

Answer 5

A remark made by a judge in passing which is not binding

Question 6

Binding precedent

Answer 6

Decision made in a court that must be followed by lower courts in the same hierarchy

Question 7

Persuasive precedent

Answer 7

An influential decision made in another court