What is meant by the Doctrine of Precedent? When will the courts imply terms into a contract?

Home, - What is meant by the Doctrine of Precedent

Question 1 - What is meant by the Doctrine of Precedent?

Answer -

The doctrine of precedent can be regarded as a source of law where decisions made by other judges in a superior court will be followed by other courts. The doctrine of precedent facilitates that a judge can refer to a ruling made by another judge in a superior court can make a decision on a ruling based on what he or she has observed in the other ruling. The judge/magistrate is entitled to making his or her decision on a ruling the other rulings made by the other judge only provides him or her with the facts. The provision of facts to the judge or magistrate makes the doctrine of precedent to lie under the source of law. Law is defined as a set of rules developed over a period of time where this rules regulates the people. With the doctrine of precedent allowing judges/magistrates to make decisions based on the facts collected from previous rulings this makes it to be regarded as a law as the decisions made are from rules which have been developed over time and have been referred to by other judges/magistrates to make decisions.

Question 2 - When will the courts imply terms into a contract?

Answer -

Implied terms can be regarded as provisions or terms that a court assumes they were included in a contract. Implied terms are provided for byusage/custom, common law, statute or prior dealings where terms of a certain activity are being referred to. Regarding custom/usage on implied terms, these are terms that are widely known in a certain activity. For instance when one receives services from a barber one is expected to pay. Regarding common law, a court imply terms by referring to a common law, for instance in arbitration the agreement made is classified. Regarding previous dealings, a court imply terms by using the terms a business/firm has been using in the previous transactions/dealings. Regarding statute, a court can imply terms by referring to statute that is the laws passed by the parliament. For instance a court can refer to the consumer law where a supplier should supply goods of acceptable quality to the consumer.

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