Original Precedent

Question 1

Name the 5 cases that can be used in original precedent

Answer 1

ReS 
R v R 
Hunter v Canary Wharf 
Kahorasanjian v bush 
Airdale NHS trust v bland

Question 2

What are the 5 points to include about original precedent

Answer 2

It is a point of law never seen before
Made due to social and technological change
Judges reason by analogy
Can go beyond the role of the judiciary
Original becomes binding on all courts below itself

Question 3

Describe the facts of hunter V Canary Wharf

Answer 3

Hunter v Canary Wharf reasoned by analogy with Khorasanjian v Bush held that you can not sue for nuisance with no interest in the property

Question 4

Describe the facts in ReS

Answer 4

A mother refused a C section on the basis she would need a blood transfusion. The court said to do it without her consent because it was in the best interests of the child

Question 5

Describe the facts of Airsale NHS trust V bland

Answer 5

Man in hillsbrough accident was certified in a vegetated state, the court said to remove the treatment would be in the best interests in removing Care for the man

Question 6

Describe the facts of Rv R

Answer 6

Rape in marriage is illegal