overruling and distingushing precedent

Question 1

Herrington V british railways

Answer 1

-Six-year-old boy wandered onto a railway line and got electrocuted as he went through the gap, the railway board was aware of the gap so they owed a duty of care

Question 2

how did the House of lords (old supreme court) use Herrington V British Railways to overrule Addie V Dumbreck

Answer 2

The defendant warned people of the land but a child came and died so no duty of care is owed

Question 3

Distinguish meaning

Answer 3

courts are unwilling to follow a particular precedent

Question 4

Balfour V Balfour (1919)

Answer 4

The husband and wife agreed that the husband would pay £30 a month

Question 5

Merritt V Merritt (1970)

Answer 5

• couple got divorced so the husband gave the house to the wife and the wife pay the mortgage for it
• created a legally binding agreement
• made claims for breach of contact