Management and Organizational Studies 2276A/B Midterm: Business Law II - 2276 - Midterm Review Notes

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2276A/B
• Professor: Phillip King

Document Summary

Learning from cases: (binding precedent) for example, in december of 2010, the ontario court of. Appeal ruled that conrad black could sue various defendants in ontario, despite the argument of the defendants that ontario was not the proper forum for the lawsuit. Applying the doctrine of precedent, if a trial court in ontario now hears a similar case, the trial court would be bound to follow the decision of the court of. If the doctrine of precedent only applied when all the facts of two cases were identical, then the principle would never apply. Instead, the lower court must decide whether the facts of the later case are sufficiently similar to the earlier case so as to invoke the doctrine of precedent and yield a similar result. If the lower court decides that the facts are sufficiently similar, and the principle of precedent applies, then the lower court must follow the precedent set by the higher court.