Explain the following types of precedent: (i) Declaratory Precedent; (ii) Original Precedent; (iii) Distinguishing Precedent

Declaratory precedent
This is the application of an existing principle or proposition of law in a subsequent case.

(ii) Original precedent
This priniciple or propostion of law as formulated by the court. It is the law creating precedent.

(iii) Distinguishing precedent
This is a subsequent decision which effectively distinguishes the existing precedent. It becomes a precedent in its own right.



Share through

Leave a Reply

Your email address will not be published.