Common Law
The decisions of courts made over centuries, these take the form of cases
Precedent
A decision of a court on a particular set of facts which must be followed by that court and lower courts in the future upon the occurrence of a similar set of facts
This may provide two points of law
Ratio decidendi -
Obiter dicta - things said by the way; they do not form part of the ration decidendi and are not binding on future cases but merely persuasive
A statement based on the facts, but which des not form part pf the basic of the decision
Donoghue v Stevenson (1932) for the establishment of the duty of care principle as an example of a ration decidendi
Advantages
Certainty
Saves parliamentary time
Saves legal costs
Flexibility
Detail
Disadvantages
The system can limit judges’ discretion
Social situations change but the precedent may fail to adapt
Bad precedents may be established
Avoidance of a binding precedent
There are a number of grounds on which a court may decline to follow