judicial precedent, ratio decidendi, obiter dicta

Question 1

what does ratio decidendi

Answer 1

-‘reason for deciding’
-judge makes references to specific facts of this case
-

Question 2

what does a judge set

Answer 2

BINDING PRECEDENT

-legal reasons must be followed by future cases of similar facts

Question 3

what does obiter dicta mean

Answer 3

• ‘other things said’ and comments made by judges

- judge may give an example of a different set of facts-> THIS SETS A PERSUASIVE PRECEDENT

Question 4

what does persuasive precedent

Answer 4

-can be followed by judges in later cases IF judges choose to (not binding on other but can influence them)

Question 5

what if the RD and OD for Donoghue V Stevenson. 1932

Answer 5

• consumer drank ginger bear and found decomposed snail and fell ill
• RD- Neighbour principle (you owe a duty of case to anyone affected by your acts/omissions)
• OD- manufactures owes a duty of case to consumer

Question 6

what did D V S 1932 be followed by

Answer 6

Grant V AKM 1935

-purchased pair of underpants and got severe dermatitis from sulphur compounds

Question 7

what does the police owe in Hill V CC Yorks

CC means Chief Constable

Answer 7

• duty of case to everybody’s due to Yorkshire killer
• POLICE FOUND EXEMPT AND NOT LIABLE FOR ANYTHING BECAUSE they stated that they could import all of the time on one person

Question 8

what did the police owe in Michael V CC S.Wales 2015

Answer 8

(followed by Hill V CC W.YORKS)

• Police didn’t attend the two 999 calls which led to miss Michael’s ex partner killing her
• they stated that they owe a duty of care to everybody not just the individual
• overruled by Robinson V CC Yorks

Question 9

what did the police owe in Robinson V CC York’s

Answer 9

-Police fell on 70-year-old woman and into her which meant that they all the duty of care to her so they were found liable,

Question 10

what is the rule with judicial precedent with police

Answer 10

police will only be found liable if they fail to prevent foreseeable injuries to an individual

Question 11

What does judicial precedent mean

Answer 11

Past decisions of judges create laws for future judges to follow of cases

Question 12

stare decisis

Answer 12

stand by what has been decided and do not unsettle the established

Question 13

Reasons why ratio decidendi of a case may sometimes be difficult to establish

Answer 13

1. judge does not always state what it is, for example in D v S, the ratio was either the neighbour principal or the manufacturer or the duty of care to the final consumer
2. There may be more than one ratio because judges have different reasons which can only be clarified with similar cases go into court in the future for example Caparo industries V Dickman helped classify rule from D v S