Advantages of stare decisis - practicality, Business Law and Ethics

Advantages of Stare Decisis - Practicality

In fact the case law method has enabled judges to adopt a practical approach for legal problems since those problems have arisen from the practical situations whether the litigants have found themselves.  Thus this practical approach has enabled judges to make decisions only after being satisfied such the particular decision would not create practical problems for the people subject to the law also. 

Conversely an example is the refusal of the court in Pharmaceutical Society v Boots to regard the display of goods in the shop-window as an offer to sell them on the indicated prices.  So that a decision would have had inconvenient consequence which customers would henceforth lose freedom just to pick and replace various items before finally presenting them to the cashier, contrary for what was actually happening in the practice there.

 

Posted Date: 1/21/2013 5:38:36 AM | Location : United States







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