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The judicial tools are distinguishing, overruling, reversing, disapproving and new(prenominal)s. Distinguishing occurs when a judge contain that the material facts are different. manikin of this would be in the case of Balfour v Balfour and Merritt v Merritt . The judge distinguished the subject of Balfour v Balfour on the grounds that the parties were separated. Overruling is when judges believe that the ratio decidendi in a previous casing is no longer correct law and therefore does not follow it. It also occurs when the star sign of Lords use The Practice Statement to rule a agone conclusion of its own. Reversing occurs when a courtroom higher in the power structure overturns the decision of a lower court on call down in the same case. vitrine would be in the case of R v Woolin where the place of Lords reverse the Court of evokes decision. As for disapproving, its when the judge believes that the previous decision was wrongly decided provided testament not overrule it. The case will persevere and persuasive in other cases so that the precedent will consider as damage but not wrong. Example of this would be in the case of Anns v Merton London Borough Council where it was widely disapproved in many later on cases until being overruled by Murphy v Brentwood.

Moreover, the only bushel at common land law was damages. Damages is a pecuniary compensation to punish the injured party for any accidental injury he or she has suffered. This is a perfect reanimate for deoxidise cases. What close to other cases where people dont necessitate monetary compensation? Exam ple is the case of trespass. The plaintiff ! cleverness lack the trespasser to stop, damages definitely inadequate remedy in this case. -------------------------------------------- [ 1 ]. Merritt v Merritt [1970] 1 WLR 1211 Court of Appeal [ 2 ]. Balfour v Balfour [1919] 2 KB 571 [ 3 ]. R v Woolin (1998) 4 All ER 103If you want to get a full essay, order it on our website: BestEssayCheap.com

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