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Besides, case law is practical in character and nature. The decisions that have been made are based on the real situations, problem, people and the experience of actual cases. Case law is not develops from logic, theory, or hypothetical circumstances. As a result, case law is usually practical.

For example, Stilk v. Myrick 1809 and Hartley v. Ponsonby 1857. In case Stilk v. Myrick 1809, the desertion of two seamen were not replaced and the remaining crews were promised extra wages if they work the ship back to London. But the court said that the promise was not enforceable as the crews did no more than their existing duty and working the ship back to the destination was their original responsibility. Besides, the occasional desertions were among the normal risks of the sea. So, the crews could not claim for extra payment. For case Hartley v. Ponsonby 1857, it is about a ship with 36 crews but due to desertion the crew were reduced to 19 members, with only 5 able seamen. These seamen were promised extra wages if they sailed back to England. Since the crew was reduced critically that it became more dangerous to sail on and the captain would have had no right to demand it, so the court agreed that the promise was enforceable, the seamen were free to make a new contract and the original contract had come to an end.

Based on these two cases, it clearly shows that the decisions that have been made are based on the real situations, problem, people and the experience of actual cases. As stated in the case Hartley v. Ponsonby 1857, there is a real situation that causes severe problem due to the serious desertion which leads to a more dangerous sail back to England and the captain would have had no right to demand it. In addition, case law is not developed from logic, theory, or hypothetical circumstances. For example, in case Stilk v. Myrick 1809, under logic circumstance, the occasional desertions were among the normal risks of the sea. Since case law is not developed from logic circumstances, therefore the promise of paying additional wages is not enforceable. As a result, case law is usually practical.

Fourthly, the strength of case law is less legal cost. The legal costs can be minimized as the case can be settled quickly. Less cost will be incurred if the cases can be resolved in short period of time.

Uniformity is also one of the strength of case law as a source of law. As stated in case law, the lower courts are bind by the decisions made by higher courts in the earlier similar cases, which means that lower courts must follow the decisions made by the higher courts in similar cases. Therefore, everyone will be treated equally and fairly, regardless who is the person.

However, case law as a source of law does has weaknesses too, which are its rigidity, bulky and complex, slowness of growth, slow and expensive and difficult to find the ration decidendi of a case.

Firstly, case law is rigid. Once a decision is created, it is binding. The lower courts are bind with the decisions made by higher courts until it is overruled by a higher court. Sometimes, it will cause adversity. The decisions will have本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。