a) Explain what you understand by judicial precedent and discuss its importance in the development of law (10 Marks) b) Discuss the Doctrine of Privity of contract (5 Marks) c) How does the maxim "Ignorance of Law is not an excuse" affect every individual in society? (5 Marks) d) Discuss the doctrine of "Accord and Satisfaction"giving examples. (10 Marks) Question Two a) Describe using relevant examples, the elements of the law of Tort of negligence.

a) Judicial precedent, also known as case law or common law, refers to the legal principle that a court decision or ruling in a previous case is binding or persuasive for a court when deciding a later case with similar issues or facts. In other words, it is the practice of following and adhering to previous court decisions when deciding similar cases. The importance of judicial precedent in the development of law lies in its ability to promote consistency, predictability, and stability in the legal system. By adhering to precedent, courts can ensure that similar cases are treated similarly, which helps individuals and businesses understand and anticipate the consequences of their actions. It also provides a framework for courts to follow when interpreting and applying the law, which can help to ensure that justice is served. However, it is important to note that the doctrine of precedent is not absolute, and courts may choose to depart from or overrule previous decisions in certain circumstances.<br /><br />b) The Doctrine of Privity of Contract is a legal principle that states that only the parties to a contract are entitled to enforce or benefit from its terms. In other words, a contract cannot confer rights or impose obligations on anyone who is not a party to the contract. This doctrine is based on the idea that only the parties who have entered into a contract should be bound by its terms. However, there are some exceptions to this doctrine, such as in the case of third-party beneficiaries, where a third party may have the right to enforce the contract.<br /><br />c) The maxim "Ignorance of Law is not an excuse" means that individuals cannot escape liability or punishment for their actions by claiming that they were unaware of the law. This principle is based on the idea that everyone is assumed to know the law, and it is their responsibility to educate themselves about it. The maxim affects every individual in society by emphasizing the importance of being aware of and complying with the law. It serves as a reminder that ignorance of the law is not a valid defense, and individuals are expected to know and understand the laws that apply to them.<br /><br />d) The doctrine of "Accord and Satisfaction" is a legal principle that refers to the settlement of a dispute or the fulfillment of a contract by mutual agreement. It involves an agreement (accord) between the parties to settle a dispute or fulfill a contract, followed by the performance of the agreement (satisfaction). For example, if a contractor and a client agree to settle a dispute by paying a certain amount, and the client pays the amount, the dispute is resolved through accord and satisfaction. This doctrine is important in the development of law because it provides a mechanism for parties to settle disputes and resolve conflicts outside of court, which can help to promote efficiency and fairness in the legal system.<br /><br />Question Two<br />a) The law of Tort of negligence involves several elements that must be present for a claim to be successful. These elements include:<br /><br />1. Duty of care: The defendant must owe a duty of care to the plaintiff, which means that they have a legal obligation to avoid causing harm to the plaintiff.<br /><br />2. Breach of duty: The defendant must have breached their duty of care by failing to act in a reasonable and prudent manner.<br /><br />3. Causation: The plaintiff must be able to establish that the defendant's breach of duty caused their injury or harm.<br /><br />4. Damages: The plaintiff must have suffered actual harm or injury as a result of the defendant's negligence.<br /><br />For example, in a car accident case, the driver of the car that caused the accident may be held liable for negligence if it is found that they breached their duty of care by driving recklessly, causing the accident and resulting injuries to the other party.