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I) Outline the sources of the English Law in the order of their importance. (400 words) ii) How important is Equity in this respect (400 words) - Essay Example

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When a case is decided by a judge then his decision and the basis of the case becomes a precedent which other courts follow while deciding a case which is similar in nature. The systems…
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I) Outline the sources of the English Law in the order of their importance. (400 words) ii) How important is Equity in this respect (400 words)
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I) Outline the sources of the English Law in the order of their importance. (400 words) ii) How important is Equity in this respect (400 words)

Download file to see previous pages... For instance the development of non-monetary amends like injunctions and decrees of specific performance was brought in by Equity.
Legislation is the commonest source of new laws or of law reform after the Seventeenth century. The most vital legislation is Acts of Parliament which is known as primary legislation. This becomes binding only after approval in the House of Commons 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 similar decision of higher courts in the same 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 fair and treat all equally, so that the decisions by the courts are predictable 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 immediate 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 used for future similar cases so there 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 was chiefly ruled by Common Law. Blackstone (2001) specified Common Law as “the ...Download file to see next pagesRead More
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