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1)Please I want the sources to be E-books, newspapers, journals.
2) In the introduction:
– i want 6 major advantage( certainty. consistency,adaptiveness, flexibility, practicality, and speed) and 5 major disadvantages( uncertainty,rigidity,retrieval, haphazard development, undemocratic) associated with binding precedent.
– a Definition of binding precedent.
– BOTH ADVANTAGES AND DISADVANTAGES WILL BE ILLUSTRATED MAINLY BY REFERENCE TO BUSINESS Related case law.
– The argument presented will be that, having examined the evidence, the advantages outweigh the disadvantages OR the disadvantages outweigh the advantages or advantages are balanced equally.
3) Main body:
– describe the various advantages AND disadvantages that could be argued for, together with supporting business
cases illustration.
– case examples that i would want you to use please are: Donoghue v Stevenson (1932), Fisher v Bell (1961), and Merit v Merit.
4) The Argument: (POSSIBLE LINES TO THINK ABOUT COULD BE):-
– In support of advantages and reducing disadvantages of rigidity the process of distinguishing cases.
– Is it possible to draft law in such a way that all possible human situations can be describes in advance of their occurrence and therefore eliminate the need for judicial interpretation and the setting of precedent?
– What is the alternative to precedent-very detailed legislation?
– Is more and better statutory drafting likely to eliminate the reliance on precedent?
– Can the advantages be reduced, if so how?
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