Experts provide help with assignments of all academic levels and disciplines.
Recommendations for Growth1. Stop the dollar special for each week: 1st step is to stop the dollar special promotion immediately. This ...Business,Food,
The internet is no man’s land. The whole world has been melted into a global village as the Internet pervades the homes, offices and even phones...Cyber Security,Internet Security,Technology,
People eat fast food when they do not have enough time to manage themselves a great scrumptious meal due to busy work or research study. Junk fo...China,Culture,Fast Food,Food,Happiness,Socrates,
What are the basic facts?Merck & Co. Inc. is one of the world’s largest pharmaceutical companies in the world for producers of prescrip...Business,Economy,Pharmaceutical Industry,Trust,
Many theories and assumptions have been fabricated upon the basis of man’s desires and beliefs. H. L. Mencken wrote, “The average man does not w...Freedom,Liberty,Patrick Henry,Security,
Leisure time may not come very frequently for students and should therefore be used wisely. Students should value this time as taking time out f...Education,Time,
Answer the following questions regarding simple machine systems. Each question requires proper illustration and annotation, including labeling o...Activity,
Nancy Mairs’ searched for months for something on television or in the media that represented women like her. When I say “women like her”, this ...Disability,
Beyonce Giselle Knowles-Carter, or much better referred to as Beyonce, is an American singer-songwriter and actress. Beyonce would be thought ab...Beyonce,Inspiration,
The major irony in Of Mice and Men is that George kills Lennie because of their friendship. George kills Lennie to spare him from a worse death....Irony,Of Mice And Men,
“Access the efficiency of the criminal justice system in dealing with young wrongdoers” The criminal justice system’s goals to be reliable in ha...Criminal Justice,Criminal Justice System,
Although, Chris’s father Walt McCandless and Ronald Franz spent a lot of time with him, both offered him different level of support. Walt McCand...Into The Wild,
From a cursory search on “defensive driving” via Google, it became obvious to me that defensive driving courses are highly in demand and a huge ...Driving,
Using information from the items and elsewhere, examine the reasons for changing patterns of marriage, cohabitation and childbearing in the last...Divorce,Family,Human Nature,Marriage,
Cooper Industries was organized in 1919 as a manufacturer of heavy machinery and equipment. By the mid-1950s it was a leading producer of engine...Industry,Sales,Strategy,
Whole Foods Market, Inc. which is headquartered in Austin, Texas, is an American foods supermarket chain it was founded by John Mackey who curre...Business,Food,
1. Tom Sawyer and Huck Finn are best friends that have many things in common and many things that are not in common. Tom is better at using his ...Huck Finn,
In Punjab the life is lead in a different style. A tradition of living life with fun and gaiety, enjoying very moment, can be seen here. Glimpse...Festival,
Carl Robins, a junior recruiter for ABC, Inc, with only a limited amount of experience, commendably retained 15 new employees in April. The newe...Case Study,Employment,Recruitment,
In the story In Another Country, one of Hemingway’s greatest themes is the implausibility of war, focusing on the fate of the soldiers in the af...Bravery,Country,Irony,
Advantages and Disadvantages of the Doctrine of Precedent
Discuss the advantages and disadvantages of the doctrine of precedent and how judges may make new law.
Include 1 case where judges have made new law. The doctrine of precedent is an important feature of judge-made law (common law). This doctrine means that similar disputes should be decided by reference to the same legal principles, and that lower courts are bound to follow the decisions of higher courts within the same court hierarchy. There are both advantages and disadvantages of the doctrine of precedent and the way in which judges may make new law. An advantage of judge made law is that decisions are based on principle – meaning that judges are not making up the law as they go.
The doctrine of precedent provides for consistency in the application of the law, which therefore promotes justice and fairness (as the courts will decide ‘like’ cases in the same way). There is also some degree of certainty, as the outcome of cases can be predicted based on previous decisions.
Uncertainty can also arise where there is more than one precedent that may apply to a particular set of circumstances. Change may be slow and irregular because change can only occur when a complainant has a significant case that is subject to an appeal. Given the cost of litigation, not all complainants may be prepared to persist with a legal action under these circumstances. Also, the law develops retrospectively meaning that a problem must exist before the court will consider the circumstances – it does not operate to avoid possible conflicts.
Landmark decisions (from which new principles develop) are few and far between. They usually arise from cases on appeal heard in the highest courts. An example of an Australian case where judges have made new law is Grant v. Australian Knitting Mills  AC 85. This case involved similar circumstances to the landmark case of Donoghue v Stevenson,  AC 562. In this case the plaintiff, Dr. Grant, bought some woollen underwear from a store. The underwear had been manufactured by the Australian Knitting Mills Ltd. Dr. Grant suffered dermatitis as a result of wearing the woollen underwear. It was later discovered that the condition was caused by the excessive use of chemicals in the process used to make the underwear.
According to the doctrine of precedent, the court would have applied the rule of law stated in Donoghue v. Stevenson to the case of Grant v. Australian Knitting Mills. Like Mrs. Donoghue, Dr. Grant was deemed to be a ‘neighbour’. He was a person who was closely and directly affected by the act of the manufacturer and the manufacturer ought to have had him in mind as being affected when preparing the underwear. The manufacturer had a duty to take reasonable care to avoid acts that they could reasonably foresee would be likely to injure consumers such as Dr. Grant. Dr. Grant was successful in his claim for damages. This was the first Australian case to adopt the legal principle of negligence. In summary, judges make laws by comparing similar situations and following sets of principles to determine outcomes. This is known as the doctrine of precedent and it creates common law – which has both advantages and disadvantages.Date: Oct 12,2021