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Chapter 1
Case law
Throughout this text you will find examples of cases which have come
before the courts. These cases illustrate the way in which the law is
made. It should be noted that you will not be tested on the actual case
law.
Case law can be divided into common law and equity (covered earlier).
Doctrine of judicial precedent
The system, adopted by the judges, of following the decisions in previous cases is
called the doctrine of judicial precedent.
Some precedents are binding (meaning they must be followed in later cases). Others
are merely persuasive (meaning that a judge in a later case may choose to follow it
but he is not bound to do so).
There are three factors to be considered in deciding whether a precedent is binding
or persuasive:
the hierarchy of the courts
ratio decidendi and obiter dicta
the material facts of the case.
The hierarchy of the courts
As a general rule, the precedents of higher courts bind lower courts, but not vice
versa.
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