- 5 Marks
BCL – L1 – Q8 – Sources of Law
Question
State TWO (2) grounds under which the courts will depart from a judicial precedent.
Answer
The grounds on which a court may decline to follow it include:
If facts can be distinguished.
If the previous decision was made per incuriam i.e. without taking account of some essential points of law.
Where the previous decision conflicts with fundamental principles of law.
If the ratio decidendi is obscure.
- Tags: Courts, Departure, Ghana, Judicial Precedent, Legal System
- Level: Level 1
- Topic: Sources of Law
- Uploader: Samuel Duah