Describe The Difference Types Of Precedence (8)

Question 1

Explain binding precedence

Answer 1

Binding Precedent (Ratio Decidendi)
• Must be followed in similar future cases.
• The legal reason for the judge’s decision.
• Found in the main part of the judgment.
• All lower courts (and sometimes courts at the same level) must follow it.

Example: In Donoghue v Stevenson, the ratio decidendi was:
A manufacturer owes a duty of care to the consumer.

Question 2

Explain persuasive precedence

Answer 2

2. 💡 Persuasive Precedent (Not Binding)
   • Judges don’t have to follow it, but they may choose to if they find it helpful.
   • Can later become binding if used in future cases.

Types of Persuasive Precedent:

a. Obiter Dicta (“other things said”)
• Extra comments made by the judge that aren’t part of the decision.

Example: In R v Howe, the judge said duress isn’t a defence to attempted murder.
Later followed in R v Gotts.

b. Dissenting Judgment
• A judge disagrees with the majority in a case and gives their own opinion.

Example: Lord Denning’s dissent in Candler v Crane was later followed in Hedley Byrne v Heller.

c. Decisions from Lower Courts
• Higher courts may choose to follow good reasoning from a lower court.

Example: In R v R, the House of Lords agreed with the Court of Appeal that a man can rape his wife.

d. Privy Council Decisions
• Not binding, but respected.

Example: The Wagon Mound case.

e. Decisions from Other Countries
• From places that use common law, like Canada, Australia, New Zealand.

Example: Bazely v Curry (Canada) was used in Lister v Hesley Hall in the UK.

f. European Court of Human Rights
• UK courts must take their decisions into account, especially under the Human Rights Act 1998.

Question 3

Explain original precedence

Answer 3

3. 🌟 Original Precedent
   • A new legal rule made when a case deals with something that’s never been decided before.
   • Once made, it becomes binding for future cases.
   • Judges use “reasoning by analogy” – they look at similar cases to help them decide.

Example: In Hunter v Canary Wharf, the court decided there’s no right to TV signal reception under nuisance law.