Types Of Precedents

Question 1

Binding precedent

Answer 1

• MUST be followed
• Comes from Ratio decidendi (reasoning behind) of a case

E.g R v Brown, you cannot consent to ABH under s47

Question 2

Original precedent

Answer 2

• Made when Novel situations arise
• Reasoning by analogy (compared to another case)
• Social/Technical change (socioeconomic change)

E.g Donoghue v Stevensons- the neighbour principle

Question 3

Persuasive precedent

Answer 3

• CAN be followed (judges do not have to follow it but can be persuaded to)
• Comes from lots of places
• of which Obiter Dicta (by the way) is one

E.g R v Brown, tattoos, piercings, contact sports, surgery are exceptions to the rule

Question 4

Binding precedent

Answer 4

Binding precedent: An example that has to be followed