LLB 100 Lecture Notes - Lecture 9: Precedent, Telstra, Natural Justice
Document Summary
Common law is the law created by the reported decisions of judges. Common law is also known as: has many definitions but are subsets of each other. Case law judge made law; ratio from significant cases used as precedent. Equity (cf common law) equity is a branch of cl in that judges make the decisions, however it has alternate discretionary remedies. To build in flexibility of the courts a separate court system was established: developed through discretionary power of (cid:498)chancery(cid:499) supplemented common law. Where common law did not provide a remedy: based upon (cid:498)equity and good conscience(cid:499) Specific actions with discretion to apply Injunction a court order directing a person to stop doing something; and. Specific performance a court order directing a person to carry out an obligation. No-one is above the law applies equally to all. Decisions made based on known principles (laws) Natural justice (fair hearing, based on evidence)
