Level 3
Level 4

Judicial Precedent Cases


18 words 0 ignored

Ready to learn       Ready to review

Ignore words

Check the boxes below to ignore/unignore words, then click save at the bottom. Ignored words will never appear in any learning session.

All None

Ignore?
Brown
Ratio decidendi set precedent about consent to harmful sex acts. Obiter dicta examples do allow consent
Wilson
Case which followedd the obiter dicta from Brown; as branding is like tattooing you are allowed to consent to it
Carlill v Carbolic Smoke Ball Co
Case about making contracts in adverts - obiter dicta 'lost dog' example
Dudley & Stephens
Case which originally decided that necessity cannot be a defence to murder = guilty of murder (cannibalism)
Re A
Case where the conjoined twins could be separated and necessity was allowed as a defence to murder
Hunter v Canary Wharf Tower
Original precedent: cannot sue for losing TV signal (compared to losing a view = analogy)
Shivpuri
First criminal case to use the Practice Statement; if he intended to sell drugs he could still be guilty
Anderton v Ryan
Woman not guilty even thought she originally intended to handle stolen goods; thought to be a poor decision
Addie v Dumbreck
Outdated case that gave no protection to trespassers
BRB v Herrington
First major civil case to use Practice Statement; we now owe a duty of care to trespassers
London Street Tramways
The case where the HL decided they should be bound by their own previous precedents
Young v Bristol Aeroplanes
The case which gives the Court of Appeal 3 exceptions to avoid their own past precedent
Gould
Judges in the Criminal division can avoid past precedent if the law was misapplied/misunderstood
Merritt v Merritt
The couple was already separated when the contract was made, creating a new rule
Balfour v Balfour
A case that decided that contracts are not usually intended to be legal between a married couple
Sweet v Parsley
Schoolteacher appealed drugs conviction up to HL who reversed the decision from the court below
Gillick v West Norfolk AHA
This set a new rule about u16s being giving contraception confidentially, appealed many times
Pagett
The case where D used his girlfriend as a shield - the precedent has been followed ever since