Ways of Avoiding Precendent

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Distinguishing the Facts of the new case from the earlier case.

  • Balfour v. Balfour ruled a legal contract could not be entered into by a married couple on the domestic agreement.
  • Merritt v. Merritt avoided following the precedent as the couple were legally separated.

Over-Ruling a previous Precedent.

  • Davis v. Johnson was overruled by Pepper v. Hart on the use of Hansard.

Reversing a previous Precedent.

  • Re Cannings was found guilty of murder…


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