Stare Decisis Case Study
“Stare Decisis” is an abbreviation of the phrase “stare decisis et non quieta movere” which translates as “to stand by decisions and not to disturb settled matters”. This principle can thus be aptly described to be that of applying the ratio decidendi of similar previous cases to that of future cases.
It is important to first illustrate how the common law doctrine of stare decisis works. Vertical Stare decisis is where a decision of that of a higher court is binding on the lower courts. However, horizontal stare decisis does not exist where a prior High Court decision is not binding on the High Court. Neatly summed up by Lord Gardiner in the Practice Statement , with judges following past decisions that are recognized as legally binding, …show more content…
Previously, the plaintiff would have to demonstrate the presence of a contractual agreement for negligence to be proven, but, since her friend purchased the drink, there was no contract between the manufacturer and Dongohue. Therefore, Lord Atkin then distinguished the case from previous cases and applied a new principle, creating the new common law of negligence in which manufacturers who fail to observe a duty of care are responsible to consumers who are harmed from the use of their products, even without any contractual agreements. Here, it can be said that prima facie, the doctrine of stare decisis was not closely followed and new precedencies were made, moving on with the new times. As summarised by Lord Wright, "... a rigid method of precedent is inappropriate to the construction of a constitution, which has to be applied to changing conditions of national life and public policy. An application of words which might be reasonable and just at one time, might be wrong and mischievous at another …show more content…
As criticized by Lord Keith of Kinkel, “In my opinion, it is clear that Anns did not proceed upon any basis of established principle…I think it must now be recognized that it did not proceed on any basis of principle at all, but constituted a remarkable example of judicial legislation.” Thus, it could be seen that there is still much reluctance to accept new principles made as it is not in the jurisdiction of the judge to make
It is important to first illustrate how the common law doctrine of stare decisis works. Vertical Stare decisis is where a decision of that of a higher court is binding on the lower courts. However, horizontal stare decisis does not exist where a prior High Court decision is not binding on the High Court. Neatly summed up by Lord Gardiner in the Practice Statement , with judges following past decisions that are recognized as legally binding, …show more content…
Previously, the plaintiff would have to demonstrate the presence of a contractual agreement for negligence to be proven, but, since her friend purchased the drink, there was no contract between the manufacturer and Dongohue. Therefore, Lord Atkin then distinguished the case from previous cases and applied a new principle, creating the new common law of negligence in which manufacturers who fail to observe a duty of care are responsible to consumers who are harmed from the use of their products, even without any contractual agreements. Here, it can be said that prima facie, the doctrine of stare decisis was not closely followed and new precedencies were made, moving on with the new times. As summarised by Lord Wright, "... a rigid method of precedent is inappropriate to the construction of a constitution, which has to be applied to changing conditions of national life and public policy. An application of words which might be reasonable and just at one time, might be wrong and mischievous at another …show more content…
As criticized by Lord Keith of Kinkel, “In my opinion, it is clear that Anns did not proceed upon any basis of established principle…I think it must now be recognized that it did not proceed on any basis of principle at all, but constituted a remarkable example of judicial legislation.” Thus, it could be seen that there is still much reluctance to accept new principles made as it is not in the jurisdiction of the judge to make