Declined Bounces In The Binding Precedents - Free Essay Example

Sample details Pages: 6 Words: 1724 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Did you like this example? Mr. Justice Peter, high court judge, cant decline to be bound by the decision decided by the Court of Appeal in 2009. This is because the Court of Appeal is bounded by the High Court even if it is counted them are to be wrong. Don’t waste time! Our writers will create an original "Declined Bounces In The Binding Precedents" essay for you Create order The High Court judges are binding the decisions of individual to the House of Lords and the Court of Appeal due to binding precedent. Binding precedent refers to existing law that created and is compulsory to be followed. Such precedent exists within common law jurisdictions that recognize judicially made law. Mandatory precedent or what we known as binding precedent is a binding authority that must be followed by all lower hierarchy courts under common law legal systems. Principles of stare decisis is where binding precedent relies on. Generally, it follow the principle of stare decisis, which means the High Court judges have to oblige and not allowed to alter the decisions that have been established by Court of Appeal or other higher hierarchy of the courts. It is to make sure the consistency and certainty in the application of law. The old binding precedents of the new situations by analogy are from the cases that applied inside the application. For a precedent to work we need three elements. At first, it needs to approved by the hierarchy of the courts and the law reportings efficient system. A balance must be strike between the require of one side for the prevention of undue restriction on the suitable development of the law and the other side is the legal certainty conclusion from the binding effect of prior decisions. However, if the lower courts wish to appeal the precedent established by the upper court, the lower court must be able to manifest that the conclusion is unjust in some way and is not fair. In case law, Young v Bristol Aeroplane Co Ltd [1944] KB 718, the Court of Appeals civil division held was enclose by its own previous decisions which is subjected to the following three exceptions : When there are two interrelated conflicting decisions, the Court of Appeal must be able to decide which one have to follow and which one have to reject. When a decision are made by its own was implied overruled by the authority of House of Lo rds. The prior conclusion was provide per incuriam which means it is misjudged or decided wrongly. In the criminal division of the Young exceptions, precedent is not following rigidly because a persons independence may be at risk. In Ru Taylor [1950] 2KB 368 the Court of Appeal held that if the law is whether been wrong applying or not understand then it must consider back to the earlier decision. In case law, Kleinwort Benson Ltd v Lincoln City Council (1998) An existing rule of contract law that if both parties on an agreement about a mistake as to what the law said but they are still bound by the contract this is because a mistake as to law has no effect. However, if the parties have misjudgment about the facts in some situations, then agreement would not be legally binding. This is not very logic until it was decided in the year of 1998 by H of L with majority votes of 3-2, to exterminate this rule about the error of law. One effect of that is it will turn to retrospec tive when the Judges are simply clarifying the law and not introducing a new law. In case law, Southwark London Borough Council v Mills (1999), tenants of a block of flats lodged complain about the ordinary usage of surrounding flats contributed to a nuisance because of weak sound insulation. The House of Lords rejected to lengthen the tort of nuisance, which is create the common law rules, because they act as a considerable decision will have major effects for councils all over the country because they may need to spend a great amount of money to prevent the sound insulation and so the decision should decided by Parliament. b.) What do you think are the strengths and weaknesses of case law as a source of law? Discuss. Case law, in other word calls as common law, it is a body or legal principles build up the decision from English Common Law courts, and essentially case law made by English judges. Case law in another words, is like we applies general laws to specific cases, mean that case law are use by judges to analyses and interprets the statutes and constitutions. Case law also essentially create this is because statute cannot conceive and cover all and every single situations, judges rely on common law to decides the cases. Court decision developed the case of how the law are going to apply it whether is in a set of ( precedent or stare decisis),and might change things only when there is a situation of facts as different requiring different outcomes. Case law judgments are the way to prevent precedent since the judicial precedent is flexible and it can change and adapt to the situation. There are numerous advantages and strengths of using case law are like consistency, certainty, efficiency, and flexibility. It is consistency because this is the fact that refers to the decide and judge of the like basis and the deciding of the individual judge in the question of the case. The formal justice is important to the decision making of the particular case. Secondly it is certainty, as follow from previous judgment, indeed is presupposed. Particular legal question are able to predict and expect from lawyers and clients as from the experience of previous judicial decisions. Once the legal rule being established, people are going to be more behaving in their oriented behavior with regard to the rule by the case law. A third advantage is it performing efficiency. This particular advantage follows from the previous one. As a consequence, most disputes and cases are not to be re-argued before the courts. Thus, it saves them money and increases the efficiency. The fourth is performing flexibility. As judge are going to judgments due on different situation on different outcomes. Due to this way, is an opportunity to develop law due to different situation without waiting the time for the procedure made by Parliament to enact legislation. It should be noted that the advantage of flexibility at least potentially contradicts the alternat ive advantage of certainty, there are other disadvantages need to be considered. The first disadvantage is uncertainty. This refer to the facts of certainty provided by the doctrine of stare decisis is undermined by the absolute number of cases that have been reported and can be cited as authorities. Second is fixity. Refer to the possibility that law maybe ossify in relation to any particular area, this is because due to the unjust precedent, and also due to the previous injustices are perpetuated. Thirdly is because unconstitutionality. This saying that judiciary is in fact overstepping their theoretical constitutional role by actually making law rather than doing judgments. Nowadays, judges are in a common place that do laws, they use their power and authority to might be in impose values, overly exercise in might in bad effect to challenge the legislature. Question 2 On the 29th October, 2010 Steven advertised in the New Focus Paper, Yamaha Piano latest model, excellent condition, RM 15000, interested please call 016-1234567. On the 1st November 2010, Tanny after seeing the piano, offered RM 10000 to buy the piano. Steven said I will not sell it below RM 14000 and I will not sell it to anyone else before 7th November 2010. Tanny went to Australia for a few days and came back to Malaysia on the 7th of November 2010. On the 8th of November 2010, Tanny decided to post a letter accepting to buy the piano for RM 14000. Steven received this letter on the 11th of November 2010. Discuss the above issues and explain if Tannys letter of acceptance is valid. ANSWER: On the 29th October 2010, Steven advertised in the New Focus Paper, Yamaha Piano latest model, excellent condition, RM 15000, interested please call 016-1234567. This situation is an invitation to treat (ITT). An ITT is not a proposal but could be regarded as more communication passed at the stage of negotiations. It means Steven is inviting publics to make offer on his piano. Thus the person bidding for his piano act as the offeror and Steven as the offeree. In case Law: Payne v Cave the court held that the auctioneers request for bid is consider as an invitation to treat. The bid can be withdraw at anytime unless it was accepted. On 1st November 2010, Tanny offered RM 10000 to buy the piano from Steven. Based on section 2(a) of the Contracts Act 1950 states that when one person signifies to another his willingness to do or to abstain from doing anything, with a view to abtain the assent of that other to the act or abstinence, Tanny is said to make a proposal to Steven. So Tann y is the offeror and Steven is the offeree. However, Steven rejected Tannys offer which act as a termination of the offer. Steven then offer to sell the piano at RM 14000 to Tanny by 7th November 2010. This situation is counted as a counter offer, which operates as rejection of the original offer. In case law: Hyde v Wrench they exist no obligation of any sorts between both parties. So now Steven is the offeror and Tanny is the offeree. 7th November 2010, Tanny come back to Malaysia from Australia. No acceptance was made on that day by Tanny. 8th November 2010, Tanny post an acceptance letter to Steven to buy the piano at RM 14000, but the lapse of time upon expiration of the time prescribed in the proposal for its acceptance made on 1st November 2010 has expired. Steven received the acceptance letter on the 11th November 2010. In case law: Adam v Lindsell. Tannys section 2(c) acceptance letter is not valid because no acceptance was made before the deadline (7th November 20 10) and so the deal collapsed as no agreement or contract was made. The acceptance letter that received by Steven on 11th November 2010 from Tanny has now act as new offer letter. In case law: Scammel v Ouston; White v Bluett. So now, Tanny act as offerer has to wait the offeree, Steven, to accept the offer in order to create an agreement and contract.

Literature Review The Small Hydropower ( Shp ) - 2208 Words

CHAPTER 1 LITERATURE REVIEW 1.1 SMALL HYDROPOWER (SHP) AAAAAAA 1. Powers et al (1985) did an assessment study on the fishway development and design. Method of water control and the degree and type of water control were formed the basis to classify fish passes. Swimming speed of the fishes was related to their lengths for designing the fish passes. Energy required by the fishes upstream was determined for three scenarios: (i) passing through the pools in fishways (ii) ascending a sloping channel like waterfall or spillway (iii) jumping over a weir or waterfall. [23] 2. Kamula et al (2000) studied the effects of modifications on the hydraulics of Denil fishways. The location of the highest velocities in the cross section of Denil fish passes was determined to be on the sides and not in the center. Since there is a non- uniform flow in the fish passes hence the velocities are not symmetrically distributed along the mid-axis. The plots for dimensionless discharge for the studied designs and for the standard Denil pass were found to be almost parallel to each other. The topmost portion of the Denil fishpass is subjected to higher velocities so must be designed accordingly. [24] 3. Boubà ©e et al (2003) studied the downstream migration and passage technologies for diadromous fishes in the United States and New Zealand. Intake screens in the form of rotating drums have been the most

Crown Cork and Seal free essay sample

What are the most significant factors affecting competition in the metal container industry? The U. S. Metal can industry was valued at $12. 2 billion 1989. There were five firms dominating this industry at that time constituting 61% of the entire market share. Some significant factors that impacted the competition among these firms were : Competitive Rivalry within the industry: The major players in the metal container industry comprised of 61% of the market share making intensive competitive rivalry among themselves. The Pricing was very competitive with little room for any significant profit margins. Focus was to enhance capacity utilization and eliminate costly changeovers wherever possible. Providing volume discounts was a common trend to attract more customers. The shrinking customer base attributed to a new low in manufacturer’s margins. Threat of new entrants : The threat of new entrants in this industry is pretty low since the major market players already dominate the existing market share. The threat for the competing companies lies in its other rivals rather than any new entrant to this specialized industry. We will write a custom essay sample on Crown Cork and Seal or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Bargaining Power of the Customers : I feel the bargaining power in this industry for the customers was pretty high at that time. The major customers of this industry were big names like Coca-Cola, Anheuser-Busch, Pepsico Inc. etc. The mergers and consolidations among the numerous bottling industry companies resulted in a shrinkage from 8000 to 800 major players in a matter of 9 years (1980 to 1989). The customers could easily punish the metal container companies by making frequent switches whenever there occured unsatisfactory services or steep pricing. Bargaining power of suppliers : Steel had been replaced very quickly by aluminum ever since the invention of aluminum cans in 1958. By 1989, aluminum consisted of 99% of the beer and 94% of the soft drink metal container business. The suppliers of aluminum were the largest three aluminum producers in the country. Since they were enjoying a clear market share advantage, they did not face any competition from other new players. Hence the bargaining power of the suppliers was somehow high/strong. Manufacturing Costs: The overall costs of manufacturing equipments for this industry were extremely high. The various players were striving to achieve a minimum cost structure for their peripheral equipments without hurting the production efficiency. Some firms were also shipping their old production lines to emerging countries overseas where the canning technology was not well mastered at that time. Apart from these, some other important factors were: Technological Changes, Environmental Risks, Research and Development ,Geographic location of plants. 2. What strategy does Crown Cork have for competing in this industry ? Crown Cork has been well recognized for being â€Å"owner-operators†. Their primary strategy has been to improve quality while ensuring lower costs. Their strategy revolved around cost efficiency, quality and customer service. Connelly realized that since they were a small player in an industry dominated by American Can and Continental Can, they should focus on their core competencies in metal forming and fabrication. Their main focus was to concentrate on specialized uses cans and international markets. Connelly’s new strategy in terms of manufacturing involved heavy investments in new and geographically dispersed plants. Their key attributes were high quality, flexibility and quick response to customers’ needs. They also invested in recycling a great deal and they formed the Nationwide Recyclers which was one of the top 5 aluminum can recyclers. Their strategy also involved minimum investments in Ramp;D and rather focusing on their core skills like metal fabrication and die forming. Customer service was another crucial strategic step that Crown Cook took to compete in this industry. They had a model which ensured that any customer grievances would be routed directly to the chairman himself. These were some of the strategy that I observed in the case that Crown Cook employed to survive in this industry. 3. What advantages, if any, does a firm the size of Crown Cork have over American Can and Continental Can? How do explain the comparison shown in exhibit 5 in the case? A firm of the size of Crown Cork has some clear advantages as compared to American Can and Continental Can. The Value chain analysis provides strategic focus. Crown Cork is not interested in investing for Ramp;D. They are able to save in millions by letting go off this expense. Rather, they can rely on their close competitors to take the risk in terms of Ramp;D and learn and capitalize on their mistakes. Also, being a comparatively smaller organization, their overall organizational challenges and obstacles are much less. Their response time to customer needs and product innovation is very quick. They have the freedom and leverage to specialize on their core tin products and have no need of much experimentation. Exhibit 5 represents these major observations: The net sales figures of Crown Cork are much less compared to American Can and The Continental Group. Even the gross profit margins for Crown Cork is lower when compared with the other two major giants. However, the operating income is much more economical (because of its size) in case of Crown Cork. This is also due to the absence of any acquisitions or mergers for them. But, the return on assets and return on average equity is similar to the other two companies or even better for some years. This is mostly due to their smaller overall size and also near-zero investments in Ramp;D and also their economical operations expenses. 4. What recommendations would you make to the management ? Go into the plastic industry. It was high time they started expanding their horizons and exploit future markets. * Should consider bidding for a part Continental Can. * Focus on enhancing efficiencies in plants – may consider implementing just in time techniques. Improve marketing budgets and encourage an overall marketing approach. * Continue with their existing customer-centric model. * To survive and compete in the long run, they should start investing atleast a small percentage of revenue into Ramp;D. * They might consider hiring external consultants to seek industry related advice.