Persuasive precedent means precedent which a judge is not obliged to follow, but is of importance in reaching a judgment, as opposed to a binding precedent.
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1st source of persuasive precedent
Courts lower in the hierarchy. The judgement from a lower court may persuade a high court.
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For example, R v R (1991)
The House of Lords agreed with the Court of Appeal in the ruling that a man could be guilty of ****** his wife.
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2nd source of persuasive precedent
Judicial Committee of the Privy Council: Due to the fact that this court is composed of many senior judges, so their decisions are seen as highly important.
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For example, The Wagon Mound (1961)
Regarding remoteness of damage of negligence.
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3rd source of persuasive precedent
A dissenting judgement. Where a judge on a panel disagrees with the majority, he/she will give their reasons. Is possible that on appeal it may be persuaded by reasoning of dissenting judgement.
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For example, Rose & Frank Co V JR Crompton & Bros (1924)
Regarding the enforceability of contracts.
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4th source of persuasive precedent
Decision of courts in other countries. Especially where that country uses the same principles of common law.
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For example, R v Bentham (2005)
Considered a number of American authorities as the case involved possession of a gun.
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Other cards in this set
Card 2
Front
Courts lower in the hierarchy. The judgement from a lower court may persuade a high court.
Back
1st source of persuasive precedent
Card 3
Front
The House of Lords agreed with the Court of Appeal in the ruling that a man could be guilty of ****** his wife.
Back
Card 4
Front
Judicial Committee of the Privy Council: Due to the fact that this court is composed of many senior judges, so their decisions are seen as highly important.
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