Classification of precedent, Business Law and Ethics

Assignment Help:

Classification of Precedent

So as a precedent may also be classified as like;

  1. An original precedent whether it is one that creates and applies a new legal rule; or other
  2. A declaratory precedent whether it is one that such does not create a new legal rule but merely applies such an existing legal principle.

However latter organization is a technical one that does not fall within Hale's definition of a "declaratory precedent".  By Hale is said "the decisions of the courts of justice as in England do not make a law properly so-called, just such that only the King and Parliament can do; so yet they have a great weight and authority in, declaring and expounding and publishing what the law is".

Here Salmond conversely contends that as "both at law and in equity, conversely the declaratory theory as formulated by Hale must be totally rejected whether we are to attain to any sound analysis and explanation of such true operation of judicial decisions.  Moreover we must admit openly such precedents make law as well as declare it and hence we must have admit further such this effect is not merely accidental and indirect then the result of judicial error in interpretation and the authoritative declaration of the law.  Further doubtless judges have many times altered the law whereas endeavouring in good faith to declare it. 

Although we must recognise a distinct law-creating the power vested in them and openly and lawfully exercised. Therefore original precedents are such outcome of the intentional exercise through the courts of their privilege of developing and maintain the law on the same time such they administer it".


Related Discussions:- Classification of precedent

Effects or consequences of illegality, Effects or Consequences of Illegalit...

Effects or Consequences of Illegality Misdemeanour Or Illegality renders a contract unenforceable.  However the contract creates no rights and imposes no obligations at the pa

Counter - offer and death - termination of an offer, Counter - offer and De...

Counter - offer and Death - Termination of an Offer Counter - offer However a counter - offer is constituted through the offeree's qualified acceptance that in itself g

Case study:employment law, Jonathan has been in the continuous employment o...

Jonathan has been in the continuous employment of Dockland cleaning and laundry Co. Ltd since 1st August 2000. He is also a member and secretary of the Cleaning and Laundry Workers

Concepts of negligence and remoteness of damage in tort law, Question 1: ...

Question 1: Explain the main elements that constitute a valid contract. Question 2: Describe the concepts of negligence and remoteness of damage in tort law. Questi

Analysis of ethics issues case, Purpose: To enable course registrants to a...

Purpose: To enable course registrants to apply their knowledge of ethical principles, skills in ethical analysis, and use of introspection to analyze an actual case that contains

Determine about the principal-agent theories, Determine about the Principal...

Determine about the Principal-agent theories Wwhich concentrate especially on the problems of asymmetric information among the parties to a contract: the impossibility to perfe

Explain the law of treaties, LAW OF TREATIES Treaties are an important ...

LAW OF TREATIES Treaties are an important and major source of international law. It is a convenient way by which the States deliberately  enter into agreements with other State

Advantages of alternative dispute resolution, Question 1: (a) Elaborat...

Question 1: (a) Elaborate on the sources of Law in Mauritius. (b) Explain what you understand by the following legal terms: (i) Obiter Dictum

What are the implied obligations of the employer, Question 1: With the ...

Question 1: With the enactment of the Labour Act 1975, how far has the freedom of the employer to unilaterally terminate contracts of employment been abrogated? Question 2:

What are the consensus in the political stream, What are the Consensus in t...

What are the Consensus in the political stream Political events move along at their own pace, and according to their own dynamics and rules. Developments in the political sphe

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd