Law Of Precedent Essay

1.Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding?

1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

However, the judge’s reasoning to reach this decision as well as its potential social effect is questionable.

Courts and employers generally use the same definition of “quid pro quo”, a form of sexual

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.

Finally, positive and genitive aspects of Doctrine of Precedent. What is law? The law has been described as “the cement of the society and an essential medium of change”. . (Trevor Atherton and Trudie Atherton (2011, p.10)

Tina and Rich were having a massive neighborhood feud.  Rich set his rottweiler loose and it promptly ran across Tina's lawn and swallowed Tina's poodle whole. In retaliation, Tina had a friend from the sanitation department dump two tons of raw sewage onto Rich's front lawn. Now imagine that Tina wants to get a restraining order prohibiting Rich from

It is often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof, however, that as contrasting as they are on the surface they are actually working together to achieve one common goal.

Judicial Precedent Setting a precedent is providing an example for others to follow. Legal precedent is however slightly more complicated. It is the term given to a previous decision, a particular stance or view, judge's Statement, or the effect of certain fact(s) present within a past case; which dictates or influences the adjudication or verdict of a later case. Or put simply 'a reason for deciding a particular issue as established by a judge in a previous case'.

The common law system of justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of written or administrative law to keep cheeks on the governmentbut that the natural law and Rule of Law would be enough to ensure absence of excutive arbitrariness. While India also follows and accepts the concept of natural law, there are written and formal laws to ensure compliance.

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.

Sexual harassment is so ordinary in the workforce that frequently we fail to even recognize harassing behavior as immoral. This is because so many of us--women and men alike--have become desensitized to offensive behaviors. Sexual harassment in any form is unacceptable behavior and should not be tolerated by anyone. It undermines our ability to study, to work, and to feel like effective, empowered people in the world.

As such, sexual harassment can be perpetrated by either coworkers or supervisors, because to commit this type of harassment, the actor need have no greater power in the workplace than the victim.” (Kohlman, 1317) There are many situations that are classified in each category that range from indirect to red flags for trouble and ones that are traumatic life experiences that will be the victim forever. Those who are victimized are not restricted just to co-workers. Managers, clients, those working in other departments, and supervisors are just some to name a few who can also be offenders. While the person that is being harassed is most often the one that is affected, it can be anybody that finds the actions inappropriate.

In legal practice, quid pro quo point to a service that has been exchanged in return for something of value generally when the modesty the transaction is in question. Quid pro quo harassment takes place when employment or academic pronouncements or prospects are dependent on an employee or student's compliance to or refusal of sexual advances, demands for sexual favors, or other sexually motivated behaviors (MacKinnon 1987). These cases entail substantial acts that