Original Precedent A01

Question 1

Define original precedent

Answer 1

-involves a point of law that hasn’t been decided before

-will become binding precedent once created

Question 2

What is the purpose of original precedent

Answer 2

form the basis of the development of new legal principles

Question 3

Example of original precedent

Answer 3

Donoghue v Stevenson - manufactures owes customers a duty of care

Question 4

What is original precedent often driven by? (case)

Answer 4

-often driven by social and technological changes

e.g:
→ R v R - marital rape criminalised

Question 5

what is the ‘reasoning by analogy method’

Answer 5

judges may employ the method of ‘reasoning by analogy’ meaning that it can be based on a similar case to deal with novel situations and produce an original precedent

Question 6

where else may a judge look for guidance when creating an original precedent (case)

Answer 6

decision in another country

→ Re:S looked to American authority when deciding if a woman could be forced to have c-section even though she had refused