ExpertMedium2 marksMultiple Choice
ACCA · Question 02 · Corporate and Business Law
In the context of judicial precedent, the Court of Appeal (Civil Division) is generally bound by its own previous decisions. However, there are established exceptions to this rule. Which of the following is NOT a recognized exception under the rule in Young v Bristol Aeroplane Co Ltd?
In the context of judicial precedent, the Court of Appeal (Civil Division) is generally bound by its own previous decisions. However, there are established exceptions to this rule. Which of the following is NOT a recognized exception under the rule in Young v Bristol Aeroplane Co Ltd?
Answer options:
A.
Where there are two conflicting previous decisions of the Court of Appeal
B.
Where a previous decision has been implicitly overruled by the Supreme Court
C.
Where the previous decision was made per incuriam (in error)
D.
Where the previous decision is highly unpopular with the public or commercial sector
How to approach this question
Recall the three specific exceptions established in Young v Bristol Aeroplane Co Ltd regarding the Court of Appeal binding itself.
Full Answer
D.Where the previous decision is highly unpopular with the public or commercial sector✓ Correct
The rule in Young v Bristol Aeroplane Co Ltd (1944) states the Court of Appeal is bound by its own decisions subject to three exceptions: 1) conflicting past decisions, 2) a subsequent conflicting House of Lords/Supreme Court decision, and 3) the previous decision was made per incuriam (carelessly/in error of law).
Common mistakes
Assuming that judges can overturn precedent simply because it is outdated or commercially inconvenient.
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