Question

What are advantages and disadvantages of binding precedent?
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Answer 1

Answer:

Advantages:

The main advantage of using precedent is that it provides certainty in the law. As cases with sufficiently similar material facts are bound by past decisions, it provides an idea of how the case will be decided. Another advantage is that it provides consistent decisions within the law, which also ensures fairness.

Disadvantages:

The doctrine of precedent presents several disadvantages. These are: (i) Rigidity: There is inherent rigidity in the application of the doctrine which may sometimes cause hardship to litigants. (ii) Bulk and complexity: The vast number of reported cases makes it difficult to learn and apply the law.

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