- Explain the following types of precedent:
- Declaratory Precedent; (2 marks)
- Original Precedent; (2 marks)
- Distinguishing Precedent.
ANSWER
Declaratory precedent
This is the application of an existing principle or proposition of law in a subsequent case.
(ii) Original precedent
This principle or proposition of law as formulated the court. It is the law creating precedent.
(iii) Distinguishing precedent
This is a subsequent decision which effectively distinguishes the existing precedent. It becomes a precedent in its own right.
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