Question

“Important requirements are to be satisfied if judicial precedents were to be recognized as a source of law.” Do you agree? Giving reasons for your answer, discuss these requirements and explain the part of a judgment which may become a source of law.

1000 words

Answer 1

Important requirements of judicial precedence needs to be recognized and authenticated namely, the effect and magnitude of case, its major cause of violation, its applicability to other cases on similar grounds, adjudication of precdent cases, concordance with existing guidelines defined in the Constitution.

They must also check if any articles of Constitution were abrogated or retrospectively amended.

Thus its totally true that judicial precedence omist meet above parameters to get commensurate with new cases and then be taken as source of law by referring to previously ruled cases.

An example of breach of tort law as base case was used unanimously by various other disputes which occured thereafter.

A classic case of Tort law as decsribed below :

Virginia Partners Ltd. Has been one of the limited partnership based out in Florida, conducting the business of drilling oil wells. Now When Virginia Partners was found injected acid into an oil well owned by Kentucky, a bystander named Robert Day was then found injured by acid which had been sprayed on him through a ruptured hose. Virginia Partners subsequently had failed to register through a foreign limited partnership within the Kentucky.

So should the limited partners be held liable for injuries against the bystander Robert Bay who has filed lawsuit against them.

Solution to the case :

The partners must be held liable definitely as they both failedbto register and unanimously comply to statutory requirements of annual recertification in master state.

Subsequently they both failed to file the certificate of limited partnership in kentucky and thus in absence of any statutory compliance both partners must be held liable for acid leakages on Robert Bay.

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