Question

1. What is the ratio decidendi of a case? Briefly explain the ratio decidendi of Hochster v De La Tour (1853) 118 ER 922.

2. Is a judge in the County Court of Victoria required to follow a precedent established by a judge in the High Court of Australia? Explain why the hierarchy of the various court systems is an integral part of the doctrine of precedent.

3. Barbara entered into a contract to buy a very rare piece of painting from Sonya. Sonya has had a change of heart and wants to keep the painting. Barbara is devastated. Advise Barbara whether a court is likely to order specific performance of this contract.

4. Which of the following buyers would be classified as a consumer within the meaning of section 3 of the Australian Consumer Law (ACL)? a) A baker who purchases a van for $39,990 to be used in the delivery of bread to nearby cafes. b) A jeweller who purchases a ring for $20,000 for use in their jewellery business. c) A butcher who purchases meat for use in a BBQ dinner in their home.

Answer 1

1.Tthe point in a case that determines the judgement and  establishes case known as ratio decidendi of a case.

Hochster v de La Tour is one of the most important and controversial cases in 19th centuary contact law.The legal proposition it established was both simple and radical where one of the parties to a contact told the other party that he was not going to perform it, the other party could be excused from performance and use immediately for breach of contract, in spite of fact that no performance was yet due. Hochster's case was not the first in which the courts had had to consider the legal conserquences of parties jeopardising the future successful performance of a contract. Indeed since at leasrt the 17th centuary, the courts had been developing rules and principles to indentify when an innocent party could bring an action despite the contract remaing unperformed on his part.

2.The doctrine of precedent is necessary part of the system.It is based on the State Decisis. The legal decision made by judges in the higher courts are remained as a precedent. As a result the decisions are made by lower or equal courts and in future they are need to follow decision of higher court.Also it provides the important resource in operating the precedent of doctrine .The precedents are binding from the top to the bottom. And it fits well to the system of English law and makes a probable reasoning by checking again the ratio decidendi and orbiter dicta..