Case Law and legislation

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Last updated 4:03 PM on 4/26/26
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12 Terms

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Stare Decsis

"To stand by things decided". This is the overarching doctrine of precedent where courts generally follow the rules established in previous, similar cases to ensure consistency.

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Ratio Decidendi

"The reason for the decision". This is the essential legal principle or rule that a judge uses to reach their verdict. It is the binding part of a judgment that future courts must follow.

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Obiter Dicta

"Things said in passing". These are remarks, opinions, or hypothetical illustrations made by a judge that are not central to the final ruling. They are not binding, though they can be persuasive in future arguments.

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Common Law

Common law is a system where the law is built through judicial decisions and precedents set in previous cases, rather than just through written statutes.

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Equity

Equity is a body of principles developed to "soften" the rigid application of common law when it would lead to an unfair or unconscionable result.

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Injunctions

An injunction is a specific type of equitable remedy. It is a court order that requires a party to do something (mandatory) or stop doing something (prohibitory).

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Donoghue v Stevenson [1932] (Snail in the Bottle)

The primary precedent established by Donoghue v Stevenson [1932] is that a duty of care can exist even in the absence of a direct contract. This decision effectively birthed the modern tort of negligence as a standalone legal concept.

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Central London Property Trust v High Trees House Ltd [1947]

The primary precedent set by Central London Property Trust v High Trees House Ltd [1947] is the establishment of the doctrine of promissory estoppel in English contract law, as well as its limits of application once the purpose of the estoppel has been fulfilled.

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Promissory estoppel

Promissory estoppel is a legal doctrine that prevents a person from going back on a promise, even if a formal contract doesn't exist. It applies when one party makes a clear promise that another party relies on to their own disadvantage.

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Sovereignty of Parliament

The sovereignty of Parliament (also known as parliamentary supremacy) is the most fundamental principle of the UK's uncodified constitution. It establishes the UK Parliament as the supreme legal authority, with the power to create or end any law.

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