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Summary P6 UNIT 23

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Summary of 2 pages for the course Unit 23 - Aspects of the Legal System and Law-making Process at PEARSON (P6 UNIT 23)

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Courtney Lowes
Unit 23
P6


Follow This rule that would occur if Donoghue v Stevenson – A woman had went
the facts of the case on hand to a café and she had ordered a ginger beer,
were similar to a one which when she poured the last of the beer out
would have already been she had found the remains of a dead snail
decided. Si the judge would within it and later sued the manufacture
have to follow the previous after she was not well.
ruling if it was made in a
higher court. Daniels v White – The man had bought
bottle lemonade and had said that he had a
burning in his throat whilst he was drinking
it and he found out that there was a harmful
chemical in.
This case followed the previous case and he
received compensation for what had
happened.
Distinguish This is where they will look Balfour v Balfour – The husband worked
into a previous case and overseas and said he would sent his wife
identify that the evidence is maintenance payments, they ended their
sufficiently different to the relationship and the husband said he did not
present case so they cannot want to send the payments when the wife
use the same ruling and said she wanted them still. It was decided
would have to make their that they would not be legally binded by it.
own decision on the case.
Merrit v Merrit – Husband had left his wife
to go and live with another woman. The
house that the wife still lived in had money
to pay. The husband signed an agreement to
say that he would pay a sum a month so that
she would be able to afford the house. This
case would be a legal bind between the
husband and wife.
Reverse Higher courts can overturn a Sweet v Parsley is a case which can be used
decision that would have as an example. In this case a teacher at a
been made in a lower court if school had rented out her house to some of
they do not agree with the the students. The students were smoking
ruling and have a different illegal substances within the house; however
opinion so the ruling would the teacher was not aware that this was
then be made by the higher happening. In the end, the woman who
court. owned the house did not get charged as
although it was her premise, she was not
aware that the kids living there were
smoking cannabis.
Overruling This is a rule where the court Davis v Johnson - In the case of Davis vs.
would look into another case Johnson, it has the interpretation that the
and they would say that the Domestic Violence and Matrimonial

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