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examination focus

Creativity continued...

Sally Russell continues her analysis of judicial creativity

Imagin/Cadmium

In the last issue we looked at how judges can display creativity in developing the common law. Now we will look at how judges can display creativity in developing statute law, using the same examination question, as follows:

Read the question carefully and try to pick out what the examiner is looking for. Do not be afraid to change the order of the question in your answer. Before you can evaluate something you need to explain it, so the best approach to this question is to take the three parts in Table 1 in reverse:

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Previous

Liability under the Animals Act 1971

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Carlill v Carbolic Smoke Ball Co. (1893)

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