- allows judge to avoid the otherwise binding precent
- Judges determine that the material facts of one case is significantly different to the earlier case and therefore the courts do not have to follow the binding precedent
- Judge does not need to follow previous decision as they 'distinguished' the cases
e.g Balfour v Balfour (1919)
-Wife's claim against her husband for a breach of contract failed as there was no intention to
create legal relations; merely a domestic arrangement no legally binding contract
however
Merritt v Merritt (1971)
-Wife succeeded against husband for a breach of contract as although it involved a husband
and wife
- the court held that the agreement was made after they'd separated and was in writing
-this distinguished the case from Balfour v Balfour
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