First Principles of Business Law

Sources of law: case law
11. Case study

11.5. Evaluating the authority of previous decisions




Suppose that, having done a search, you find that there are three previously decided cases that deal with questions similar to those which must be decided in Lillian's case. The cases are:

  • L'Estrange v F Graucob Ltd [1934] 2 KB 394
  • Causer v Browne [1952] VLR 1
  • Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165

Study the citations of these three cases. On the basis of the information contained in the citations you should be able to say whether or not each case is potentially binding on a NSW Local Court.

In the following pages this question will be considered in relation to each case in turn.


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