Sunday, April 21, 2019
I) Outline the sources of the English Law in the order of their Essay
I) scheme the bases of the English Law in the order of their importance. (400 words) ii) How important is Equity in this respect (400 words) - Essay typefaceFor instance the development of non-monetary amends like injunctions and decrees of specific performance was brought in by Equity.Legislation is the greennessest source of new uprightness of natures or of law reform after the Seventeenth century. The most vital legislation is Acts of fantan which is cognize as primary legislation. This becomes binding only after approval in the House of greens and the House of Lords after which it gets the Royal Assent from the Queen.The doctrine of precedent is defined as The common law principle which binds a judge or a magistrate to follow previous same decision of higher(prenominal) courts in the similar hierarchy also known as stare decisis (Vickery & Pendleton 2006). The doctrine of precedent derives from common law and law of equity, which is English-made laws that aims to be fa ir and treat all equally, so that the decisions by the courts are foreseeable and consistent in resolving disputes. There are binding and persuasive precedents, which binding precedents are known as ratio decidendi when the final order or res judicata by the court is made to the ready parties, and it has a legal effect based on the key reasons for the decision. This includes passed decisions by the higher courts in the same hierarchy in similar cases, will be utilise for future similar cases so at that place are consistent remedies or sanctions under common law. An example of a precedent being used was in the final decision of The House of Lords case in 1932, for the Donoghue V Stevenson case.1 The House of Lords case was similar as manufacturers have the duty of care when selling their products, and ensure they are safe to consume. Therefore this precedent was legally binding and enforced by common law for a similar outcome.English law prior to the intro of the rule of equity w as chiefly ruled by crude Law. Blackstone (2001) specified Common Law as the
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