Distinguish
Encyclopedia
In law
, to distinguish a case
means to contrast the facts
of the case before the court
from the facts of a case of precedent
where there is an apparent similarity. By successfully distinguishing a case, the holding or legal reasoning of the earlier case will either not apply or will be limited. There are two formal constraints on the later court: the factors in the ratio
of the earlier case must be retained in formulating the ratio of the later case, and the ruling in the later case must still support the result reached in the precedent case.
Whether a case is successfully distinguished often looks to whether the distinguished facts are material to the matter.
(1919) and Merritt v Merritt
(1970) both involve a wife making a claim against her husband for breach of contract
. The judge in Balfour decided that a claim could not be made because there was no intention to create legal regulations, there was no legally binding contract. However in Merritt v. Merritt, the judge decided that the facts of this case was sufficiently different in that, while the parties were husband and wife, the agreement was made after they had separated, in writing, thus distinguishing the case from Balfour.jknkjn
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, to distinguish a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
means to contrast the facts
Facts
Facts usually refers to the usage as a plural noun of fact, an incontrovertible truth.Facts may also refer to:*Carroll, Lewis, who wrote a poem called "Facts"*FACTS , program produced by Asia Television in Hong Kong....
of the case before the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
from the facts of a case of precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
where there is an apparent similarity. By successfully distinguishing a case, the holding or legal reasoning of the earlier case will either not apply or will be limited. There are two formal constraints on the later court: the factors in the ratio
Ratio decidendi
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is "[t]he point in a case which determines the judgment" or "the principle which the case establishes."...
of the earlier case must be retained in formulating the ratio of the later case, and the ruling in the later case must still support the result reached in the precedent case.
Whether a case is successfully distinguished often looks to whether the distinguished facts are material to the matter.
Examples
The English cases Balfour v. BalfourBalfour v. Balfour
Balfour v Balfour [1919] 2 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.-Facts:...
(1919) and Merritt v Merritt
Merritt v Merritt
Merritt v Merritt [1970] is an English contract law case, on the matter of creating legal relations. While under the principles laid out in Balfour v Balfour, domestic agreements between spouses are rarely legally enforceable, this principle was rebutted where two spouses who formed an agreement...
(1970) both involve a wife making a claim against her husband for breach of contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
. The judge in Balfour decided that a claim could not be made because there was no intention to create legal regulations, there was no legally binding contract. However in Merritt v. Merritt, the judge decided that the facts of this case was sufficiently different in that, while the parties were husband and wife, the agreement was made after they had separated, in writing, thus distinguishing the case from Balfour.jknkjn