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高等法院的判决具有约束力，在相同的所有下级法院和法庭是受自己的决定。例如,上诉法院决定自动联合高等法院法院和其他下级法院如地方法院和乡村法院。

例如,多诺霍诉史蒂文森在1932年和她的朋友去一家咖啡馆。她的朋友给她买了一瓶姜汁啤酒。她喝大部分后,她发现了一个瓶子里有蜗牛。所以她决定起诉不法行为的制造商(苏格兰相当于侵权)。上议院的制造商有责任照顾所有消费他们的产品的人。

义务,是一个原则,人的行为对他人要有警觉,小心,注意和谨慎。如果他不满足这一标准,那么他是违法的,可能会被起诉。另一个案件的例子是ann v默顿的伦敦在1978年的自治市议会。

The decisions of the higher courts are binding on all the lower courts and same courts are bound by their own decisions. For example, the Court of Appeal decision automatically bound the high court and other lower court such as Sessions Court, Juvenile and Magistrates Court and Penghulu’s Court.

For example, Donoghue v. Stevenson 1932. P went to a café with her friend. Her friend bought her a bottle of ginger beer. After she drinking most of it, she found a decomposed snail in the bottle and fall sick. As P had no contract with the café, so she decided to sue the manufacturers in delict ( the Scottish equivalent of tort). The House of Lords said that the manufacturers had a duty of care to all the people who consume on their products.

Duty of care, is a principle which the person behave to others and public with alertness, caution, attention and discretion. If he does not meet this standard of care, then he is against the law and might get sued. Another case example is Anns v Merton London Borough Council 1978.

A bank made a contact with a merchant bank, stated that the merchant would not assumed any responsibilities for any opinion given regarding the financial status of E Limited. The merchant bank replied the bank that the financial status of E Limited is good. Few months later, the bank contacted the merchant bank and asked whether the financial status of E Limited performed well or not, once again the merchant bank gave the bank a positive answer. However, a bank’s customers, the appellants who had signed a contract with E Limited cause these communications ended up because the quick liquidation of E Limited made a huge loss to appellants. The appellants sued the merchant bank and claimed for damages. But, there is no duty of care in this case because the opinion was given with a disclaimer.

Thus, Mr Justice Peter, a high court judge cannot decline to be bound by the decision made by the judges of Court of Appeal in year 2009.

Q1 (b) Case law, also known as judicial precedent can be defined as the decisions of the higher courts automatically binds all lower courts. As a source of law, it has both its own strengths and weaknesses.

Firstly, one of its strengths is certainty. Under judicial precedent, the decisions made for certain cases or problems by the judges previously are binding upon future cases. The court is bound to follow the solution. As the problem has been solved before, there is certainty and lawyer can advise their client safety. Citizens can know what are their rights and liabilities and will not result in an uncertain law. However, the courts should always ensure that there is a balance between the need of certainty and the need of flexibility.

The second advantage is the predictability. The similar case has been resolved before and a decision is made by the higher court, thus, the outcome and the result of the case is anticipated and p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。