Ways of Avoiding Precendent

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…