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Discuss the operation of the doctrine of precedent in the Australian courts
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TOPIC 4 1. Discuss the operation of the doctrine of precedent in the Australian courts; a) How precedent may impose limits on judge's decision; b) How precedent can provide judge's with flexibility in reaching their decision; [Taking into consideration cases dealing with unconscionable contracts in topic 4 (Extracts 7-10)], or by referring to Case study C. Ans 1] The doctrine of precedent requires that 'like cases be decided alike'. If a case now raises similar issues like the one decided before, then the decision for the present case would be the same as before. In this way the earlier case is referred to as the 'precedent'. Precedent provides a model for future cases to follow. It has two components- ratio decidendi and stare decisis. It is an approach for the courts to develop general principles and apply them to future cases. This method increases certainty and consistency. It also promotes justice in so far...
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