Using Case Law Briefly Explain The Following Terms - UWI Legal Writing And Reearch - Essay

799 words - 4 pages

Running head: Law1902 assignment 2 1
Law1902 assignment 2 8
LAW1902-Introduction to Legal Research and Writing Assignment 2
Marlon David Vasquez
University of the West Indies (Open Campus)
Author Note
The work being submitted is my own work, and I understand what constitutes plagiarism and that I have not plagiarized.
(1) Using case law briefly explain the following terms:
(a) Ratio decidendi;
In Donoghue V Stevenson, Donoghue was invited by a friend to a café. A drink of ginger beer was bought by Donoghue’s friend for her to enjoy, where after drinking most of the ginger beer, a decomposed snail was noticed inside the drink by Mrs. Donoghue while she drank. This experience made Mrs. Donoghue ill in which she decided to sue the manufacturer of the ginger beer.
This case had reached the House of Lords whom which pointed out that the manufacturer of the ginger beer, had failed to provide the adequate attention to his duty as to assure that bottles were cleaned and safe for consumption by his consumers. In other words, the manufacturer owed a duty of care to her in which was said to have been breached.
The ratio decidendi pointed out in this case is that the manufacturer owed a duty of care to the end consumer who intends to use their product, therefore the manufacturer owed a duty of care to Mrs. Donoghue which he had breached by not ensuring that the bottles of ginger beer were properly cleaned before reused for safe consumption by consumers.
(b) Obiter dicta;
The obiter dicta is the statement said in the passing of the rule by the judge for the case of Donoghue V Stevenson - is the neighbor principle by Lord Atkin whom mentions, “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Who, then, in law, is my neighbor? The answer seems to be persons who are so closely and directly affected by my act that I ought to have them in mind when I am considering these acts or omissions.” Therefore, the rule that one must love his/her neighbor is part of the law, and one must take reasonable care to avoid acts of negligence in order to avoid harm to others.
(2) Name and explain two ways in which a court can avoid precedent, or in other words, avoid following a previously decided case.
Overruling decisions:
In certain strict circumstances, the higher courts have the authority to overrule precedent made by lower courts or by themselves due to judicial precedent thought to be inappropriate.
Distinguishing Precedent:
Since no two cases are the same, judges can regard the judgments as different and overrule them. Therefore, they are not bound by the judgment of previous cases but in fact, create new binding precedent.
(3) Briefly discuss and explain two of the three primary rules of statutory interpretation. Use case law in support of your response.
Literal Rule:
Literal rule is the method to strictly interpret a statute according to the meaning of the written words used as established by parliament.
For example, Baptiste V Alleyne, where a person who was resident of a house was being strangled by the accused whom was standing outside of the house by stretching his hands through a window to do the act. He was charged for such offense that he was inside the building; however, the case was appealed and was said that him being inside the building was inaccurate and such ruling cannot be passed on to his case because of the way it was written. Therefore, this conviction was revoked by the court.
Golden Rule:
In Davis V R, it was passed that the meaning of the written accusation was absurd. The appellant was convicted by a magistrate for the offense that, ‘parking a vehicle elsewhere than in the place provided for that purpose and in the manner required by an authorized officer,’ was prohibited.
The golden rule also called the common-sense rule is put to effect if the literal meaning of the words written is absurd whereby the court may substitute a reasonable meaning to the ruling or reject it in a whole.
Antoine. R. B. (2008). Concepts important to the Doctrine of Precedent. Commonwealth
Caribbean Law and legal systems (2nd ed.). Page 122-124. London
Teacher, Law. (November 2013). Previous decisions made by judges in similar cases. Retrieved
Teacher, Law. (November 2013). Donoghue v Stevenson [1932] Doctrine of negligence.
Retrieved from
Case study: Donoghue v. Stevenson (1932). (2018, June 21). Retrieved from
Negligence - Duty of Care. (n.d.). Retrieved from
Bryan. C. (2019). Case Law Techniques. Law course (Law 1902) PowerPoint Presentation.
Bryan. C. (2019). Statutory Interpretation. Law course (Law 1902) PowerPoint Presentation.

More like Using Case Law Briefly Explain The Following Terms - UWI Legal Writing And Reearch - Essay

Describe The Case Paper - Ethical And Legal Considerations

350 words - 2 pages ... deciding a question of facti.e., are the parties in dispute over what happened? Or is it a question of lawi.e., is the court unsure which rule to apply to these facts? The court is deciding a question of law and whether the doctor was wrongful in their care for the patient and for the patient passing away. Which facts of the case raise issues? The doctor had disciplinary actions against him and in other states when he came aboard to this facility ...

Identify And Explain Why These Terms Are Important To Asian Americans - Asian American Studies - Assignment

3340 words - 14 pages Free ... LING 200 WEEK 1 FRIDAY The * means that its ungrammatical, not possible Do practice quiz, not graded! · Linguistic is the scientific study and analysis of the structure of language · It’s a science · Studying and looking at language, using scientific methods · Language is structured-it’s organized · What does it mean to ‘know’ a language · Can be understood by another speaker of the language · Just by asking. If they can understand- presumably ...

Write About A Picture And Describe Using The 5 Senses - Caruthersville High And College Writing - Descriptive

1945 words - 8 pages ... 1 Amber Short Mrs. Loomis College Writing/Caruthersville September 9, 2018 5 Lunatic The voices…. They told me to do it… It was December of 1980 when I was admitted to Athens Lunatic Asylum in Ohio. I was seventeen years old, and at that time I did not know what was wrong with me. I knew that I was anorexic, but I did not know why I had voices constantly in my head telling me I was never good enough. The voices in my head would never go away, it ...

The Legal And Ethical Implications Of Patients Who Refuse Blood Transfusions - Purdue Northwest - Case Analysis

2449 words - 10 pages ... spiritual belief that transfusions would rob her of everlasting deliverance. She was started on venous iron and darbepoetin. The following day her hemoglobin fell to 3.1 g/dL. This case raises many legal and ethical issues. Jehovah’s Witnesses are commonly recognized in the medical community for their rejection of blood and blood products. MG quoted religious conflicts and made her rejection of transfusions outward immediately upon being legally able to ...

Midterm For Law And Enviornment - Law Writing - Assignment

664 words - 3 pages ... FAMILY LAW eRICK IN THE WOODS MIDTERM 03/28/18 1. As long as a parent adequately cares for his or her children, there will normally be no reason for the state to inject itself into the private realm of the family to question their ability or decisions. 2. State, Federal 3. Sole Legal- custody given to one parent to make decisions on behalf of the child. Sole Physical- a parents right to have a child reside with him or her and the obligation ...

Legal Essay About Australian Law Reform With Regards Of Current Issues - Legal Studies - Essay

1466 words - 6 pages Free ... Legal Assessment- Alcohol and Violence By: Hatem, A and Ziad The topic of law reform is beyond just the definition of changing the law, however it is the process in which the law is modified and shaped over time to better reflect the changing social and cultural values that we deem are important. The law cannot stay the same, as the primary function of the legal system is to respond to the changing social values and hence why law reform is ...

Legal Studies Essay - Law Reform Concerning Indigenous Land Rights - Legal Studies - Essay

1221 words - 5 pages ... bauxite mining company. In the follow up case, Milirrpum v Nabalco Pty Ltd, although the court recognised the “religious relationship with the land” and the presence of “Aboriginal laws” they were not willing to overturn terra nullius on the grounds of these being “extinguished under common law.” Henceforth the people were denied the right to their land, and the preferences of non-Indigenous people continued dominate this legal realm. However, in ...

Examination Of The Queensland Criminal Law On Abortion - Legal Studies - Legal Studies

1089 words - 5 pages ... Criminal law The Queensland legal system is constantly under examination to stay relevant and appropriate for today’s society. Abortion is defined as the intent to procure the miscarriage of a woman, usually preformed within the first 28 weeks of pregnancy and remains a highly controversial topic. Abortion is a highly discussed topic, with views ranging from victims of rape or sextual misconduct at a young age, to religious and pro-life ...

Social Stratification In The Legal System - English And Anthropology - Essay

1016 words - 5 pages ... law. You believe that the judicial system is fair for everyone. There must be a nagging at the back of your mind that this isn’t true. I can show you with proof that this system is corrupted with social stratification. In truth, “criminals” are just as at fault as the criminal system that failed them. Unfair distributions of power and wealth amongst society create caste groups, and the subordinate group must endure more hardships, for example ...

Effectiveness Of Legal And On-legal Responses In Relation To The Use Of Child Soldiers - Sydney Boys High School - Essay

1258 words - 6 pages ... forced to become desensitized at an early age. Unfortunately for these children, the responses to child soldiers act retrospectively. However, depending on how effective the legal and non-legal responses are, we will one day see the eradication of child soldiers from armed forces. The issue of child soldiers has been a long-standing issue within International law and Sudan’s domestic law. International and Intergovernmental communities/agencies ...

Sir Gawain Case Study Of 1000 Words Using Sources From The Norton Anthology Vol. B - Middlesex Community College - Essay

1575 words - 7 pages ... intentions. Solidarity is similar to a foundation and the way a foundation is built no matter the project is naturally by helping each other. There is a story entitled “The Story of the Maple Tree” where the concept of helping each other is well described throughout its tale told using a maple tree. In “The Story of the Maple Tree” the writer wrote, “You know the animals helped me the time I was suffering…”. This quote clearly illustrates the ...

Walt Disney Case Study And Analysis - Legal Studies - Waterloo University - Case

1539 words - 7 pages Free ... Disney case provides our first close look at how diversified, multi-business organizations create a corporate advantage. Questions 1. Why has Disney been so successful for so long? “The Walt Disney Years, 1923-1966”and “The Post-Walt Disney Years, 1967-1984” The company pioneered ideas in film and ultimately would use its brand as a producer of family-style entertainment to further expand into other media outlets. Additionally, the company attempted ...

Explain The Difference Between Interactionist Dualism, Epiphenomenalism And Parallelism. - PHIL1011 - Essay

1494 words - 6 pages ... (6) Explain the difference between interactionist dualism, epiphenomenalism and parallelism. Discuss the costs and benefits of each of these theories. If thoughts and bodies are different fields, whether it is property or the way that material dualism requires, then how they relate to each other, they interact in life: thoughts and feelings; sometimes they cause physical reactions, sometimes caused by physical events. I will now briefly discuss ...

Allan And Damien Case Law Analysis - UCD - Assignment

2343 words - 10 pages ... Running head: COMMERCIAL LAW COMMERCIAL LAW 1 Commercial Law Name of the student Name of the University Author Note An agreement is an intentional and legal arrangement between several parties and a contract is an agreement which is enforceable in the court of law. The parties to a contract must have legal intention to legally bind the contract (Mckendrick, 2014). An agreement to become enforceable, the parties must come to an understanding. The ...

Explain The Concepts Of Religious Language As Analogy And Symbol - University - Essay

1157 words - 5 pages ... like 'kind' and 'caring' cannot be used univocally or equivocally, so we have to qualify the model with words such as 'infinitely' or 'eternally'. By qualifying our terms, we can use analogies to express God. Some argue that by using analogy we lose the meaning and purpose behind what we are trying to communicate, so perhaps it is meaningless as opposed to meaningful. St. Paul argued that we cannot accurately express God, even through analogy, until ...