Commercial law revision question and answer

  • 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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