(i) Certainty and predictability:stare decisis enhances certainty in law and predictability in the
legal system. In Dodhia case Newbold observed that a system of law required a
considerable degree of certainty.
(ii) Consistency and uniformity:stare decisis promotes consistency in decision making. This is
because similar cases are decided alike. This enhances or promotes uniformity in the
administration of justice.
(iii) Rich in detail: many decision have been made. Case law is one of the richest areas of law.
(iv) Flexibility: it is contented that when judges in subsequent cases attempt to
distinguish earlier decisions of other judges, this introduces some flexibility into the legal
system.
(v) Aptitude to growth: it is argued that case law grows with time in that superior courts
are free to depart from previous decisions if circumstances justify.
(vi) Convenience: Judges in subsequent cases apply the law as formulated in previous
decisions,thus case law is convenient in application in that judges are not obliged to
formulate principles all the time.
(vii) Practical: propositions of law are formulated on the basis of prevailing circumstance. It is
a practical approach to resolution of legal problems.
maurice.mutuku answered the question on May 1, 2018 at 08:26
-
Explain the legal principles applicable where B entered into C's land to recover a time rabbit which belonged to B's children.
(Solved)
Explain the legal principles applicable where B entered into C's land to recover a time rabbit which belonged to B's children.
Date posted:
May 1, 2018
.
Answers (1)
-
Indicate the ways in which the tort of conversion may be committed.
(Solved)
Indicate the ways in which the tort of conversion may be committed.
Date posted:
May 1, 2018
.
Answers (1)
-
Distinguish between Legal interests and equitable interests.
(Solved)
Distinguish between Legal interests and equitable interests.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself).
(Solved)
Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself).
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the rights and duties of the owner of goods in a hire-purchase agreement.
(Solved)
Explain the rights and duties of the owner of goods in a hire-purchase agreement.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the duties of an agent to his principal.
(Solved)
Explain the duties of an agent to his principal.
Date posted:
April 30, 2018
.
Answers (1)
-
Distinguish between a company limited by shares and a company limited by guarantee.
(Solved)
Distinguish between a company limited by shares and a company limited by guarantee.
Date posted:
April 30, 2018
.
Answers (1)
-
Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director...
(Solved)
Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director of Child Welfare Organisation had embezzled, Sh. 5 million from the organization to purchase a
private residential house for herself and family. Investigations have revealed that Mrs.
Rose Brown bought the house out of a loan of Sh. 6 million advanced to her by East
Bank and secured on the house. Mrs. Rose Brown is aggrieved and seeks your legal
advice.
Advise her.
Date posted:
April 30, 2018
.
Answers (1)
-
State the rule in Rylands -vs- Fletcher and explain the exceptions to that rule.
(Solved)
State the rule in Rylands -vs- Fletcher and explain the exceptions to that rule.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the meaning of the term “Co-ownership” and state the ways in which co-ownership may be terminated.
(Solved)
Explain the meaning of the term “Co-ownership” and state the ways in which co-ownership may be terminated.
Date posted:
April 28, 2018
.
Answers (1)
-
Define the term “delegated legislation” and discuss its advantages and disadvantages.
(Solved)
Define the term “delegated legislation” and discuss its advantages and disadvantages.
Date posted:
April 28, 2018
.
Answers (1)
-
What are the advantages and disadvantages of judicial precedent?
(Solved)
What are the advantages and disadvantages of judicial precedent?
Date posted:
April 28, 2018
.
Answers (1)
-
Define the term “domicile” and citing examples, explain three types of domicile.
(Solved)
Define the term “domicile” and citing examples, explain three types of domicile.
Date posted:
April 28, 2018
.
Answers (1)
-
Discuss the ways in which a person can lose ownership.
(Solved)
Discuss the ways in which a person can lose ownership.
Date posted:
April 28, 2018
.
Answers (1)
-
Differentiate between Statute law and judicial precedent.
(Solved)
Differentiate between Statute law and judicial precedent.
Date posted:
April 28, 2018
.
Answers (1)
-
Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed
that Mary would deliver the clothes to Kate's...
(Solved)
Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed
that Mary would deliver the clothes to Kate's house upon repair. However,
Mary did not take the clothes back as agreed and in the process they were stolen when a burglar
broke into Mary's premises. With reference to the above facts, highlight Mary's
liability, if any.
Date posted:
April 28, 2018
.
Answers (1)
-
Explain the validity of a contract entered into by Rita, aged 16 years with Mrs. Bwisa Nyutu, a taxi driver to visit her mother...
(Solved)
Explain the validity of a contract entered into by Rita, aged 16 years with Mrs. Bwisa Nyutu, a taxi driver to visit her mother in hospital.
Date posted:
April 28, 2018
.
Answers (1)
-
Explain the validity of a contract of apprenticeship entered into by Rita, aged 16 years as a hairdresser with Esther.
(Solved)
Explain the validity of a contract of apprenticeship entered into by Rita, aged 16 years as a hairdresser with Esther.
Date posted:
April 28, 2018
.
Answers (1)
-
Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded
from the tanker, Mwanzia who was standing nearby lit a cigarette. Unfortunately...
(Solved)
Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded
from the tanker, Mutuku who was standing nearby lit a cigarette. Unfortunately the
petrol caught fire and burnt the whole station and injured several people.
Mpole the proprietor of the petrol station seeks your advice on whom he can sue.
Advise Mpole.
Date posted:
April 27, 2018
.
Answers (1)
-
Explain the legal consequences of non-registration of a hire-purchase agreement.
(Solved)
Explain the legal consequences of non-registration of a hire-purchase agreement.
Date posted:
April 27, 2018
.
Answers (1)