Part performance of the Law of Torts-Ubi jus ibi remedium
Mats Law school, Raipur
Miss. Sona Rizvi
Miss. Aruna Adiley
I, Miss. Aruna Adiley here declare that this report is record of Authentic work carried out by me during the academic year 2012-2013.
Signature of the student
Miss. Aruna Adiley ------------------------------------
It is a matter of great pleasure for me to submit this report based on my project in “Part performance of the legal Method –Precedent” which I do feel will be an asset throughout my life.
I am grateful and express my sincere thanks to Jain Sir & sona mem, for giving me the opportunity to collect data and information about the project and helping me through various means in completion of the project report.
I am immensely grateful to my esteemed guide all my Faculties whose continued and invaluable guidance can never be neglected.
It “s my pleasure to thanks all the people involved in completion of the project and their valuable contribution to my project report.
I sincerely thank the administration of Mats Law College for including such a thoughtful process of Project Report into our curriculum of LLB.
“Miss. Aruna adiley,
DOCTRINE OF PART PERFORMANCE.
Judicial precedent is another important source of law. It is a distinguishing feature of the English legal system since most of the common law is unwritten and owes its origin to judicial precedents.
Precedents have a binding force on judicial
tribunals for deciding like-cases in future.
In continental countries such as Germany, France, Italy, Judicial Precedent has only instructive value and it is not authoritative. Its importance isno greater than that of a text book of law. On the other hand, in English legal system, it has authoritative importance and is, in fact, a legal source of law which the courts are bound to follow.
According to Salmond the doctrine of precedent has two meanings, namely:
(1) In a loose sense precedent includes merely reported case-law which may be cited and followed by the courts.
(2) In its strict sense Precedent means that case-law which not only has a great binding authority but must also be followed. Holdsworth supports the
doctrine of precedent Has become a debatable issue.
There is no dissatisfaction with the practice of citing cases andattaching weight to them, the difference of opinion, is as to the present practice of treating precedents absolutely binding.
Precedent as a source of law: -
precedent has a binding force and therefore, it is an important source of law. Expressing his views on precedents Blackstone pointed out that it is an established rule to abide by the former precedents where the same points come again in litigation.
They also keep the scale of justice, even and steady and not liable to be waived away with every new judge’s opinion. Justice Cardozo also supports the view that adherence to precedents should be the rule and not an exception.
The rule of precedents should, however, be abandoned if it is inconsistent with the sense of justice or derogatory to social welfare policy.
The practice of precedents has gained favour with English courts because it leads to certainty of law and also predictability of decision is always preferable to approximation of ideals. Again, it enables illogical and unsatisfactory decisions to be overruled to meet the ends of justice.