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Judicial precedent can applied on cases and to be treated similar when the material facts of the cases are identical.
There are two principles that are involved in judicial precedent. There are ratio decidendi and the obiter dictum. The binding part of a previous decision is the ration decidendi (reason for the decision) and it must be followed by judges in later cases. Anything said an obiter dictum (by the way) in the original case is merely persuasive because it was not strictly relevant to the matter in issue and does not have to be followed. For example:
? In Donoghue v Stevenson, the claimant suffered food poisoning after drinking from an opaque bottle of ginger beer which contained a dead, decomposing snail...
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Common topics in this essay:
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