BTF1010 Chapter Notes -Kosta Koufos, Watco Companies, Land Council
6 Jul 2013
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Derry v peek (1899) 14 app cas 337. Ratio decidendi: reasons that higher courts decided something the way that they did (binding decision) Obiter dicta: things said by the way (persuasive force only) Where there is a question of conflict between parliamentary law and judge-made law, parliamentary law is always superior. Lj = lord justice (english court of appeal) Mr = master of the rolls (english court of appeal) Plaintiff and defendant in a state court, applicant and respondent in federal court. Trials in a state court: a smith (applicant, v, b jones (respondent, a smith (plaintiff, v, b jones (defendant) On appeal, the matter becomes jones v smith, jones is the appellant and smith the respondent. A contract is an agreement between two parties which will be enforced by a court of law. A contract does not need to be in writing. An oral agreement is enforceable in the same way as a written agreement.
