A Canadian court hearing a disputed matter involving parties to a contract will rely on past decisions to determine a remedy for the dispute. Why is the court's reliance on past decisions considered to be an effective manner for it to determine an appropriate legal remedy?
A) Precedents support the parties' respective disputed positions.
B) Precedents are derived from statue laws that guide the court's deliberations.
C) Precedents contain legal principles determined from similar past litigation.
D) Precedents provide supporting evidence of applicable common law rules of contract.

Question

Quizplus · Accepted Answer

Precedents contain legal principles determined from similar past litigation, which can provide guidance on how to interpret and apply common law rules of contract to the current dispute. By using past decisions as a basis for determining an appropriate legal remedy, the court can ensure consistency and predictability in the application of the law. This can help to promote fairness and certainty in commercial dealings, and can also reduce the time and cost associated with resolving disputes.

A Canadian Court Hearing a Disputed Matter Involving Parties to a Contract