First Principles of Business Law
Quiz: Sources of law - case law

Question 20

 

 

Recall the cases of Balfour v Balfour [1919] 2 KB 571 and Merrit v Merrit [1970] 2 All ER 760; 1 WLR 1211.  Both cases involved agreements reached between married persons, and both gave rise to the question whether such agreements were legally enforceable.  In Balfour’s case, the agreement was held not to be legally enforceable.  In Merrit’s case the agreement was held to be legally enforceable.

Which of the following statements best explains the different outcomes?

 

(a)  In Merrit’s case, which was decided after Balfour’s case, the court held that Balfour’s case had been wrongly decided and overruled it.

(b)  In Merrit’s case, which was decided after Balfour’s case the Court held that Balfour’s case had been wrongly decided and distinguished it.

(c)   In Merrit’s case, which was decided after Balfour’s case the Court did not overrule Balfour’s case but distinguished Merri’s case on its facts.

(d)   Although Merrit’s case was decided after Balfour’s case, the Court in Merrit’s case was not made aware of Balfour’s case and decided Merrit’s case on the basis that there were no binding or persuasive precedents.

 

 

 

 

 

 

 

 

 

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