PAPER 1 AVOID EXISTING PRECEDENTS (JP)

Question 1

What is one way judges can avoid following existing precedents?

Answer 1

By distinguishing the facts of the case from those in the precedent

Judges can identify differences in the facts to justify not following a precedent.

Question 2

In which case did a husband and wife make a verbal agreement about maintenance payments?

Answer 2

Balfour v Balfour

The court ruled this agreement was a domestic arrangement, not legally enforceable.

Question 3

What was the main difference in the case of Merritt v Merritt compared to Balfour v Balfour?

Answer 3

The couple was separated and the agreement was in writing

This indicated their intention to create legal relations.

Question 4

What can a court do if it believes that an existing ratio decidendi is wrong?

Answer 4

Overrule the precedent and set a new one

Courts have the power to change the law if deemed necessary.

Question 5

What precedent was overruled in British Railways Board v Herrington?

Answer 5

Addie v Dumbreck

The House of Lords changed the law regarding the duty of care to trespassers.

Question 6

What was the new ratio established in British Railways Board v Herrington?

Answer 6

An occupier can owe a duty of care to trespassers

This decision was influenced by changing social and physical conditions.

Question 7

True or False: The decision in Addie v Dumbreck is still followed in current law.

Answer 7

False

The decision was overruled due to changing circumstances.

Question 8

Fill in the blank: Judges may avoid precedents by identifying _______ in the facts of the case.

Answer 8

differences

This allows judges to justify a different legal outcome.

Question 9

What power did the House of Lords use in 1966 to change existing precedents?

Answer 9

Practice Statement

This allowed them to avoid binding decisions and update the law.