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Home/Law/In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms “apply” and “distinguish.” Does Lord Tomlin choose to apply or distinguish this case here?

In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms “apply” and “distinguish.” Does Lord Tomlin choose to apply or distinguish this case here?

In common law, applying means using a previous case from the same or higher court whose materials and facts are similar to the case at hand for making a decision. In contrast, distinguishing a case refers to the court’s decision to not apply the holding or ratio decidendi of a precedent case, mainly due to the difference in facts. There are two formal constraints that should be considered by the later court. Firstly, the relevant factors of the previous case that set a precedent, such as considerations, tests, questions, or determinants, need a recitement. Secondly, the ruling of the later case must not question or criticize the ruling of the earlier case. In Hillas v Arcos, Lord Tomlin concludes that “[May and Butcher, Ltd v Regent] does not, in [his] opinion, afford any assistance in determining the present case],” distinguishing the cases.

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Academic.Tips. (2022) 'In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms "apply" and "distinguish." Does Lord Tomlin choose to apply or distinguish this case here'. 14 June.

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Academic.Tips. (2022, June 14). In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms "apply" and "distinguish." Does Lord Tomlin choose to apply or distinguish this case here? https://academic.tips/question/in-the-court-of-appeal-the-case-of-may-and-butcher-ltd-v-regent-was-referred-to-define-the-terms-apply-and-distinguish-does-lord-tomlin-choose-to-apply-or-distinguish-this-case-here/

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Academic.Tips. 2022. "In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms "apply" and "distinguish." Does Lord Tomlin choose to apply or distinguish this case here?" June 14, 2022. https://academic.tips/question/in-the-court-of-appeal-the-case-of-may-and-butcher-ltd-v-regent-was-referred-to-define-the-terms-apply-and-distinguish-does-lord-tomlin-choose-to-apply-or-distinguish-this-case-here/.

1. Academic.Tips. "In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms "apply" and "distinguish." Does Lord Tomlin choose to apply or distinguish this case here?" June 14, 2022. https://academic.tips/question/in-the-court-of-appeal-the-case-of-may-and-butcher-ltd-v-regent-was-referred-to-define-the-terms-apply-and-distinguish-does-lord-tomlin-choose-to-apply-or-distinguish-this-case-here/.


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Academic.Tips. "In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms "apply" and "distinguish." Does Lord Tomlin choose to apply or distinguish this case here?" June 14, 2022. https://academic.tips/question/in-the-court-of-appeal-the-case-of-may-and-butcher-ltd-v-regent-was-referred-to-define-the-terms-apply-and-distinguish-does-lord-tomlin-choose-to-apply-or-distinguish-this-case-here/.

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"In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms "apply" and "distinguish." Does Lord Tomlin choose to apply or distinguish this case here?" Academic.Tips, 14 June 2022, academic.tips/question/in-the-court-of-appeal-the-case-of-may-and-butcher-ltd-v-regent-was-referred-to-define-the-terms-apply-and-distinguish-does-lord-tomlin-choose-to-apply-or-distinguish-this-case-here/.

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