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Farah Constructions v Say-Dee Pty Ltd, also known as Farah, is a decision of the High Court of Australia. [1] The case was influential in developing Australian legal doctrines relating to equity, property, unjust enrichment, and constructive trusts, [2] as well as the doctrine of precedent as it applies in Australia.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
The doctrine of precedent developed during the 12th and 13th centuries, [52] as the collective judicial decisions that were based in tradition, custom and precedent. [ 53 ] The form of reasoning used in common law is known as casuistry or case-based reasoning .
The legal status of Hawaii is an evolving legal matter as it pertains to United States law. [citation needed] The US Federal law was amended in 1993 with the Apology Resolution which "acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of agents and citizens of the United States and further acknowledges that the Native Hawaiian people never directly ...
Because court decisions in civil law traditions are historically brief [4] and not formally amenable to establishing precedent, much of the exposition of the law in civil law traditions is done by academics rather than by judges; this is called doctrine and may be published in treatises or in journals such as Recueil Dalloz in France.
In addition to the document's text, Australian constitutional law is affected by the structure of the document. The division of the three branches of government into chapters is understood to establish a Separation of Powers doctrine in Australia. It is also known that a number of unwritten constitutional conventions are present within the ...
The Engineers case arose out of a claim lodged by the Amalgamated Society of Engineers against the Adelaide Steamship Company in the Commonwealth Court of Conciliation and Arbitration for an award relating to 844 employers across Australia. [1] In Western Australia, the employers included three governmental employers. The question was whether a ...
The science that studies law at the level of legal systems is called comparative law. Both civil (also known as Roman ) and common law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of ...