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“The true view is that a decision either affirmed or reversed on another point is deprived of any absolute binding force it might otherwise have had ; but it remains an authority which may be followed by a court that thinks the particular point to have been rightly decided”. This view was expressed by:
Salmond
Blackstone
Bentham
Gray
- The statement means when a decision is affirmed or reversed on a different point, its binding force weakens, but it can still be used as persuasive authority if a court believes the point was correctly decided.
- Option 1: Salmond – He was a leading jurist known for writings on jurisprudence and the law of precedents. He discussed the impact of reversal or affirmation on precedent.
- Option 2: Blackstone – Famous for “Commentaries on the Laws of England,” focused more on common law structure rather than finer points of binding precedents.
- Option 3: Bentham – Critic of common law; rarely discussed the nuances of binding force of precedents.
- Option 4: Gray – Wrote on the nature of precedent in “The Nature and Sources of the Law,” but the specific quote is not attributed to him.
- Correct answer: Option 1: Salmond
By: Parvesh Mehta ProfileResourcesReport error
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