case study vs case law

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Case law is law that is based on judicial decisions rather than law based on constitutions , statutes , or regulations . Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.

Case law, also used interchangeably with common law , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue relying on binding precedent .  If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, that would be persuasive authority rather than binding authority. Other factors such as how old the decision is and the closeness to the facts will affect the authority of a specific case in common law.

Federalism also plays a major role in determining the authority of case law in a particular court. Indeed, each circuit has its own set of binding case law. As a result, a judgment rendered in the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority. However, decisions rendered by the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues of the Constitution and federal law.

[Last updated in May of 2020 by the Wex Definitions Team ]

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The term case law refers to law that comes from decisions made by judges in previous cases. Case law, also known as “ common law ,” and “case precedent ,” provides a common contextual background for certain legal concepts, and how they are applied in certain types of case. How much sway case law holds may vary by jurisdiction , and by the exact circumstances of the current case.  To explore this concept, consider the following case law definition.

Definition of Case Law

• The law as established in previous court rulings; like common law, which springs from judicial decisions and tradition.

1860-1865       English common law

What is Case Law

Statutory laws are those created by legislative bodies, such as Congress at both the federal and state levels. While this type of law strives to shape our society, providing rules and guidelines, it would be impossible for any legislative body to anticipate all situations and legal issues. The court system is then tasked with interpreting the law when it is unclear how it applies to any given situation, often rendering judgments based on the intent of lawmakers and the circumstances of the case at hand. Such decisions become a guide for future similar cases.

In order to preserve a uniform enforcement of the laws, the legal system adheres to the doctrine of stare decisis , which is Latin for “stand by decided matters.”  This means that a court will be bound to rule in accordance with a previously made ruling on the same type of case. Precedent, or case law, is binding on courts of the same level or lower, and applies only if there is no legislative statute created, or higher court ruling, that overrules it.

Example of Case Law Application

Stacy, a tenant in a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not given her enough notice before raising her rent, citing a new state law that requires a minimum of 90 days’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties. When the state court hearing the case reviews the law, he finds that, while it mentions large multi-tenant properties in some context, it is actually quite vague about whether the 90-day provision applies to all landlords. The judge , based on the specific circumstances of Stacy’s case, decides that all landlords are held to the 90-day notice requirement, and rules in Stacy’s favor.

A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must use the previous court’s decision in applying the law. This example of case law refers to two cases heard in the state court, at the same level. The ruling of the first court created case law that must be followed by other courts until or unless either new law is created, or a higher court rules differently.

Case Law by Jurisdiction

Case law is specific to the jurisdiction in which it was rendered. For instance, a ruling in a California appellate court would not usually be used in deciding a case in Oklahoma. While there is no prohibition against referring to case law from a state other than the state in which the case is being heard, it holds little sway. Still, if there is no precedent in the home state, relevant case law from another state may be considered by the court.

Rulings made by federal appellate courts, and the U.S. Supreme Court, however, are binding on state courts. Such rulings become “binding precedent,” which must be adhered to by lower courts in future similar cases. Rulings by courts of “lateral jurisdiction” are not binding, but may be used as persuasive authority, which is to give substance to the party’s argument, or to guide the present court.

Case Law Search

Just a few years ago, searching for case precedent was a difficult and time consuming task, requiring people to search through print copies of case law, or to pay for access to commercial online databases. Today, the internet has opened up a host of case law search possibilities, and many sources offer free access to case law. Doing a case law search may be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, including:

• Google Scholar – a vast database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
• Justia – a comprehensive resource for federal and state statutory laws , as well as case law at both the federal and state levels.
• Public Library of Law – offers access to cases from the U.S. Supreme court since 1754, the U.S. Circuit Courts of Appeal since 1951, and from each state since 1997. In addition to allowing users to search by keyword, court, and case, the website provides tutorials on “ Finding a Case ,” and “ Searching Statutes .”

In addition, the Law Library of Congress offers a great deal of information on statutes, case law, and other legal issues. This includes a Guide to Law Online .

Dissecting Case Law Citations

Finding a relevant case law ruling, and inserting a reference to that case into a current legal pleading , is not enough to direct the court to the specific issue. In many instances, court rulings in the U.S. deal with multiple issues, and include drawn-out descriptions of how the court, especially an appellate or supreme court, came to its conclusion. Because of this, simply citing the case is more likely to annoy a judge than help the party’s case. Think of it as calling someone to tell them you’ve found their lost phone, then telling them you live in such-and-such neighborhood, without actually giving them an address. Driving around the neighborhood trying to find their phone is likely to be more frustrating than it’s worth.

For legal professionals, there are specific rules regarding case citation, which vary depending on the court and jurisdiction hearing the case. Proper case law citation in a state court may not be appropriate, or even accepted, at the U.S. Supreme Court. Generally speaking, proper case citation includes the names of the parties to the original case, the court in which the case was heard, the date it was decided, and the book in which it is recorded. Different citation requirements may include italicized or underlined text, and certain specific abbreviations.

In the United States, people are not required to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their own can remember one rule of thumb when it comes to referring to case law or precedent in court documents: be as specific as possible, leading the court, not only to the case, but to the section and paragraph containing the pertinent information. The Cornell Law School website offers a variety of information on legal topics, including citation of case law, and even provides a video tutorial on case citation .

Case Law Example in Civil Lawsuit Against Child Services

In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year old boy from his home to protect him from the horrible physical and sexual abuse he had suffered in his home, and to prevent him from abusing other children in the home. The boy was placed in an emergency foster home, and was later shifted around within the foster care system. The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, and in her 6-month report to the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.

In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the couple had two young children of their own at home, the social worker did not tell them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the couple had young children. She did note that the boy still needed extensive therapy in order to cope with his abusive past, and “to reach the point of being safe with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved of the actions.

The Roes accompanied the boy to his therapy sessions. When they were told of the boy’s past, they asked if their children were safe with him in their home. The therapist assured them that they had nothing to worry about. Unfortunately, that was not true. Just two months after being placed with the Roe family, the Roe’s son told his parents that the boy had molested him. The boy was arrested two days later, and admitted to having sexually molested the couple’s son several times.

On June 16, 1999, a lawsuit was filed on behalf of the boy by a guardian ad litem , against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf of the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for a dismissal based on absolute immunity , as they were all acting in their jobs with DCFS. If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases. The appellate court determined that the trial court had not erred in its decision to allow more time for information to be gathered by the parties – specifically regarding the issue of absolute immunity.

Related Legal Terms and Issues

• Binding Precedent – A rule or principle established by a court, which other courts are obligated to follow.
• Lateral Jurisdiction – A court at the same level.
• Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It may be used to guide the court, but is not binding precedent.

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Case Law Research Guide

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Every law student and practicing attorney must be able to find, read, analyze, and interpret case law. Under the common law principles of stare decisis, a court must follow the decisions in previous cases on the same legal topic. Therefore, finding cases is essential to finding out what the law is on a particular issue.

This guide will show you how to read a case citation and will set out the sources, both print and online, for finding cases. This guide also covers how to use digests, headnotes, and key numbers to find case law, as well as how to find cases through terms and connectors searching.

To find cases using secondary sources, such as legal encyclopedias or legal treatises, see our Secondary Sources Research Guide . For additional strategies to find cases, like using statutory annotations or citators, see our  Case Law Research Tutorial . Our tutorial also covers how to update cases using citators (Lexis’ Shepard’s tool and Westlaw’s KeyCite).

Basic Case Citation

A case citation is a reference to where a case (also called a  decision  or an  opinion  ) is printed in a book. The citation can also be used to retrieve cases from  Westlaw  and  Lexis . A case citation consists of a volume number, an abbreviation of the title of the book or other item, and a page number.  

The precise format of a case citation depends on a number of factors, including the jurisdiction, court, and type of case. You should review the rest of this section on citing cases (and the relevant rules in  The Bluebook ) before trying to format a case citation for the first time. See our Bluebook Guide for more information.

The basic format of a case citation is as follows:

Parallel Citations

When the same case is printed in different books, citations to more than one book may be given. These additional citations are known as  parallel citations .

Example: 265 U.S. 274, 68 L. Ed. 1016, 44 S. Ct. 565.

This means that the case you would find at page 565 of volume 44 of the  Supreme Court Reporter  (published by West) will be the same case you find on page 1016 of volume 68 of  Lawyers' Edition  (published by Lexis), and both will be the same as the opinion you find in the official government version,  United States Reports . Although the text of the opinion will be identical, the added editorial material will differ with each publisher.

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• Discussion Forum
• Why and How: Using the Case Study Method in the Law Classroom

Post by: Jackie Kim and Lisa Brem

Why should legal educators use case studies and other experiential teaching methods, such as role plays and simulations, in their classes?  Hasn’t the Langdell method served legal education well these last 140 years?  Certainly creating and using experiential materials requires a different set of skills from faculty, elicits a different response and level of engagement from students, and poses barriers to implementation. The ABA’s LEAPS Project [i] has a comprehensive list of objections to practical problem solving in the classroom: materials are time consuming and expensive to create and deploy; addition of a case study or simulation to a syllabus inherently displaces other material; and there are few incentives from law school leaders to introduce this type of teaching.

Yet, the argument promoting experiential materials and techniques is strong. The 2007 Carnegie Report [ii] recommended integrating lawyering skills practice into the curriculum alongside doctrinal courses, and the ABA added simulation courses to the list of practical experiences that can and should be offered by law schools in its 2015 Guidance Memo [iii] .

In a 2007 Vanderbilt Law Review article [iv] , HLS Dean Martha Minow and Professor Todd D. Rakoff argued that Langdell’s approach to teaching students using appellate cases does not do enough to prepare law students for real-world problems: “The fact is, Langdell’s case method is good for some things, but not good for others. We are not talking about fancy goals here; we are talking about teaching students ‘how to think like a lawyer.’”

But does the case study method result in a higher degree of student learning? While we have not yet seen a study on the efficacy of the case study method vs. the Langdell method in law schools, research [v] from political science professor Matthew Krain suggests that case studies and problem-based activities do enhance certain types of learning over other types of pedagogy.  In his investigation, Krain compared the results of pre-and post-course surveys of students who participated in active learning with those who received a traditional lecture course. The case studies and problems that Krain used in his non-traditional classes included: case studies in the form of popular press articles, formal case studies, films, or problem-based case exercises that required students to produce a work product.

Krain found that:

Student-centered reflection, in which students have the opportunity to discuss their understanding of the case, allows both students and instructors to connect active learning experiences back to a larger theoretical context. Case learning is particularly useful for dramatizing abstract theoretical concepts, making seemingly distant events or issues seem more “authentic” or “real,” demonstrating the connection between theory and practice, and building critical-thinking and problem-solving skills (Inoue & Krain, 2014; Krain, 2010; Kuzma & Haney, 2001; Lamy, 2007; Swimelar, 2013).

This study suggests that case-based approaches have great utility in the classroom, and they should be used more often in instances where students’ understanding of conceptual complexity or knowledge of case details is critical. Moreover, case-based exercises can be derived from a variety of different types of materials and still have great utility. If deployed selectively in the context of a more traditional classroom setting as ways to achieve particular educational objectives, case-based approaches can be useful tools in our pedagogical toolbox.

For those who might be ready to try a case study, role play, or simulation, there are resources that can help.  Harvard Law School produces case studies for use throughout the legal curriculum. The HLS Case Studies program publishes these teaching materials, and makes them available to educators, academic staff, students, and trainers. Outside of Harvard Law School, links to resources for educators implementing the case study method can be found on the Case Studies Program Resources page. Listed are case study affiliates at Harvard, legal teaching and learning tools, tips for case teaching, and free case materials. Examples include the Legal Education, ADR, and Practical Problem Solving (LEAPS) Project [vi] from the American Bar Association , which provides resources for various topics on legal education, and the Teaching Post , an educators’ forum offered by the Harvard Business School where professors can seek or provide advice on case study teaching.

“… [O]ur society is full of new problems demanding new solutions, and less so than in the past are lawyers inventing those solutions. We think we can, and ought to, do better.” – Dean Martha Minow & Professor Todd Rakoff. [vii]

[i] “Overcoming Barriers to Teaching ‘Practical Problem-Solving’.” Legal Education, ADR & Practical Problem-Solving (LEAPS) Project, American Bar Association, Section of Dispute Resolution. Accessed March 16, 2017, http://leaps.uoregon.edu/content/overcoming-barriers-teaching-%E2%80%9Cpractical-problem-solving%E2%80%9D. [ii] William M. Sullivan, Anne Colby, Judith Welch Wegner, Lloyd Bond, and Lee S. Shulman, “Educating Lawyers,”  The Carnegie Foundation for the Advancement of Teaching (2007). [iii] American Bar Association, “Managing Director’s Guidance Memo,”  Section of Legal Education and Admissions to the Bar  (2015). [iv] Martha Minow and Todd D. Rakoff, “A Case for Another Case Method,” Vanderbilt Law Review 60(2) (2007): 597-607. [v] Matthew Krain, “Putting the learning in case learning? The effects of case-based approaches on student knowledge, attitudes, and engagement,” Journal on Excellence in College Teaching 27(2) (2016): 131-153. [vi] “Overcoming Barriers to Teaching ‘Practical Problem-Solving’.” [vii] Minow and Rakoff.

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Organizing Your Social Sciences Research Paper: Writing a Case Study

• Purpose of Guide
• Design Flaws to Avoid
• Independent and Dependent Variables
• Glossary of Research Terms
• Narrowing a Topic Idea
• Broadening a Topic Idea
• Extending the Timeliness of a Topic Idea
• Academic Writing Style
• Choosing a Title
• Making an Outline
• Paragraph Development
• Executive Summary
• The C.A.R.S. Model
• Background Information
• The Research Problem/Question
• Theoretical Framework
• Citation Tracking
• Content Alert Services
• Evaluating Sources
• Reading Research Effectively
• Primary Sources
• Secondary Sources
• Tiertiary Sources
• What Is Scholarly vs. Popular?
• Qualitative Methods
• Quantitative Methods
• Using Non-Textual Elements
• Limitations of the Study
• Common Grammar Mistakes
• Writing Concisely
• Avoiding Plagiarism
• Footnotes or Endnotes?
• Further Readings
• Annotated Bibliography
• Dealing with Nervousness
• Using Visual Aids
• Grading Someone Else's Paper
• Types of Structured Group Activities
• Group Project Survival Skills
• Multiple Book Review Essay
• Reviewing Collected Essays
• Writing a Case Study
• About Informed Consent
• Writing Field Notes
• Writing a Policy Memo
• Writing a Research Proposal
• Bibliography

The term case study refers to both a method of analysis and a specific research design for examining a problem, both of which are used in most circumstances to generalize across populations. This tab focuses on the latter--how to design and organize a research paper in the social sciences that analyzes a specific case.

A case study research paper examines a person, place, event, phenomenon, or other type of subject of analysis in order to extrapolate  key themes and results that help predict future trends, illuminate previously hidden issues that can be applied to practice, and/or provide a means for understanding an important research problem with greater clarity. A case study paper usually examines a single subject of analysis, but case study papers can also be designed as a comparative investigation that shows relationships between two or among more than two subjects. The methods used to study a case can rest within a quantitative, qualitative, or mixed-method investigative paradigm.

Case Studies . Writing@CSU. Colorado State University; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010 ; “What is a Case Study?” In Swanborn, Peter G. Case Study Research: What, Why and How? London: SAGE, 2010.

How to Approach Writing a Case Study Research Paper

General information about how to choose a topic to investigate can be found under the " Choosing a Research Problem " tab in this writing guide. Review this page because it may help you identify a subject of analysis that can be investigated using a single case study design.

However, identifying a case to investigate involves more than choosing the research problem . A case study encompasses a problem contextualized around the application of in-depth analysis, interpretation, and discussion, often resulting in specific recommendations for action or for improving existing conditions. As Seawright and Gerring note, practical considerations such as time and access to information can influence case selection, but these issues should not be the sole factors used in describing the methodological justification for identifying a particular case to study. Given this, selecting a case includes considering the following:

• Does the case represent an unusual or atypical example of a research problem that requires more in-depth analysis? Cases often represent a topic that rests on the fringes of prior investigations because the case may provide new ways of understanding the research problem. For example, if the research problem is to identify strategies to improve policies that support girl's access to secondary education in predominantly Muslim nations, you could consider using Azerbaijan as a case study rather than selecting a more obvious nation in the Middle East. Doing so may reveal important new insights into recommending how governments in other predominantly Muslim nations can formulate policies that support improved access to education for girls.
• Does the case provide important insight or illuminate a previously hidden problem? In-depth analysis of a case can be based on the hypothesis that the case study will reveal trends or issues that have not been exposed in prior research or will reveal new and important implications for practice. For example, anecdotal evidence may suggest drug use among homeless veterans is related to their patterns of travel throughout the day. Assuming prior studies have not looked at individual travel choices as a way to study access to illicit drug use, a case study that observes a homeless veteran could reveal how issues of personal mobility choices facilitate regular access to illicit drugs. Note that it is important to conduct a thorough literature review to ensure that your assumption about the need to reveal new insights or previously hidden problems is valid and evidence-based.
• Does the case challenge and offer a counter-point to prevailing assumptions? Over time, research on any given topic can fall into a trap of developing assumptions based on outdated studies that are still applied to new or changing conditions or the idea that something should simply be accepted as "common sense," even though the issue has not been thoroughly tested in practice. A case may offer you an opportunity to gather evidence that challenges prevailing assumptions about a research problem and provide a new set of recommendations applied to practice that have not been tested previously. For example, perhaps there has been a long practice among scholars to apply a particular theory in explaining the relationship between two subjects of analysis. Your case could challenge this assumption by applying an innovative theoretical framework [perhaps borrowed from another discipline] to the study a case in order to explore whether this approach offers new ways of understanding the research problem. Taking a contrarian stance is one of the most important ways that new knowledge and understanding develops from existing literature.
• Does the case provide an opportunity to pursue action leading to the resolution of a problem? Another way to think about choosing a case to study is to consider how the results from investigating a particular case may result in findings that reveal ways in which to resolve an existing or emerging problem. For example, studying the case of an unforeseen incident, such as a fatal accident at a railroad crossing, can reveal hidden issues that could be applied to preventative measures that contribute to reducing the chance of accidents in the future. In this example, a case study investigating the accident could lead to a better understanding of where to strategically locate additional signals at other railroad crossings in order to better warn drivers of an approaching train, particularly when visibility is hindered by heavy rain, fog, or at night.
• Does the case offer a new direction in future research? A case study can be used as a tool for exploratory research that points to a need for further examination of the research problem. A case can be used when there are few studies that help predict an outcome or that establish a clear understanding about how best to proceed in addressing a problem. For example, after conducting a thorough literature review [very important!], you discover that little research exists showing the ways in which women contribute to promoting water conservation in rural communities of Uganda. A case study of how women contribute to saving water in a particular village can lay the foundation for understanding the need for more thorough research that documents how women in their roles as cooks and family caregivers think about water as a valuable resource within their community throughout rural regions of east Africa. The case could also point to the need for scholars to apply feminist theories of work and family to the issue of water conservation.

Eisenhardt, Kathleen M. “Building Theories from Case Study Research.” Academy of Management Review 14 (October 1989): 532-550; Emmel, Nick. Sampling and Choosing Cases in Qualitative Research: A Realist Approach . Thousand Oaks, CA: SAGE Publications, 2013; Gerring, John. “What Is a Case Study and What Is It Good for?” American Political Science Review 98 (May 2004): 341-354; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Seawright, Jason and John Gerring. "Case Selection Techniques in Case Study Research." Political Research Quarterly 61 (June 2008): 294-308.

Structure and Writing Style

The purpose of a paper in the social sciences designed around a case study is to thoroughly investigate a subject of analysis in order to reveal a new understanding about the research problem and, in so doing, contributing new knowledge to what is already known from previous studies. In applied social sciences disciplines [e.g., education, social work, public administration, etc.], case studies may also be used to reveal best practices, highlight key programs, or investigate interesting aspects of professional work. In general, the structure of a case study research paper is not all that different from a standard college-level research paper. However, there are subtle differences you should be aware of. Here are the key elements to organizing and writing a case study research paper.

I.  Introduction

As with any research paper, your introduction should serve as a roadmap for your readers to ascertain the scope and purpose of your study . The introduction to a case study research paper, however, should not only describe the research problem and its significance, but you should also succinctly describe why the case is being used and how it relates to addressing the problem. The two elements should be linked. With this in mind, a good introduction answers these four questions:

• What was I studying? Describe the research problem and describe the subject of analysis you have chosen to address the problem. Explain how they are linked and what elements of the case will help to expand knowledge and understanding about the problem.
• Why was this topic important to investigate? Describe the significance of the research problem and state why a case study design and the subject of analysis that the paper is designed around is appropriate in addressing the problem.
• What did we know about this topic before I did this study? Provide background that helps lead the reader into the more in-depth literature review to follow. If applicable, summarize prior case study research applied to the research problem and why it fails to adequately address the research problem. Describe why your case will be useful. If no prior case studies have been used to address the research problem, explain why you have selected this subject of analysis.
• How will this study advance new knowledge or new ways of understanding? Explain why your case study will be suitable in helping to expand knowledge and understanding about the research problem.

Each of these questions should be addressed in no more than a few paragraphs. Exceptions to this can be when you are addressing a complex research problem or subject of analysis that requires more in-depth background information.

II.  Literature Review

The literature review for a case study research paper is generally structured the same as it is for any college-level research paper. The difference, however, is that the literature review is focused on providing background information and  enabling historical interpretation of the subject of analysis in relation to the research problem the case is intended to address . This includes synthesizing studies that help to:

• Place relevant works in the context of their contribution to understanding the case study being investigated . This would include summarizing studies that have used a similar subject of analysis to investigate the research problem. If there is literature using the same or a very similar case to study, you need to explain why duplicating past research is important [e.g., conditions have changed; prior studies were conducted long ago, etc.].
• Describe the relationship each work has to the others under consideration that informs the reader why this case is applicable . Your literature review should include a description of any works that support using the case to study the research problem and the underlying research questions.
• Identify new ways to interpret prior research using the case study . If applicable, review any research that has examined the research problem using a different research design. Explain how your case study design may reveal new knowledge or a new perspective or that can redirect research in an important new direction.
• Resolve conflicts amongst seemingly contradictory previous studies . This refers to synthesizing any literature that points to unresolved issues of concern about the research problem and describing how the subject of analysis that forms the case study can help resolve these existing contradictions.
• Point the way in fulfilling a need for additional research . Your review should examine any literature that lays a foundation for understanding why your case study design and the subject of analysis around which you have designed your study may reveal a new way of approaching the research problem or offer a perspective that points to the need for additional research.
• Expose any gaps that exist in the literature that the case study could help to fill . Summarize any literature that not only shows how your subject of analysis contributes to understanding the research problem, but how your case contributes to a new way of understanding the problem that prior research has failed to do.
• Locate your own research within the context of existing literature [very important!] . Collectively, your literature review should always place your case study within the larger domain of prior research about the problem. The overarching purpose of reviewing pertinent literature in a case study paper is to demonstrate that you have thoroughly identified and synthesized prior studies in the context of explaining the relevance of the case in addressing the research problem.

III.  Method

In this section, you explain why you selected a particular subject of analysis to study and the strategy you used to identify and ultimately decide that your case was appropriate in addressing the research problem. The way you describe the methods used varies depending on the type of subject of analysis that frames your case study.

If your subject of analysis is an incident or event . In the social and behavioral sciences, the event or incident that represents the case to be studied is usually bounded by time and place, with a clear beginning and end and with an identifiable location or position relative to its surroundings. The subject of analysis can be a rare or critical event or it can focus on a typical or regular event. The purpose of studying a rare event is to illuminate new ways of thinking about the broader research problem or to test a hypothesis. Critical incident case studies must describe the method by which you identified the event and explain the process by which you determined the validity of this case to inform broader perspectives about the research problem or to reveal new findings. However, the event does not have to be a rare or uniquely significant to support new thinking about the research problem or to challenge an existing hypothesis. For example, Walo, Bull, and Breen conducted a case study to identify and evaluate the direct and indirect economic benefits and costs of a local sports event in the City of Lismore, New South Wales, Australia. The purpose of their study was to provide new insights from measuring the impact of a typical local sports event that prior studies could not measure well because they focused on large "mega-events." Whether the event is rare or not, the methods section should include an explanation of the following characteristics of the event: a) when did it take place; b) what were the underlying circumstances leading to the event; c) what were the consequences of the event.

If your subject of analysis is a person. Explain why you selected this particular individual to be studied and describe what experience he or she has had that provides an opportunity to advance new understandings about the research problem. Mention any background about this person which might help the reader understand the significance of his/her experiences that make them worthy of study. This includes describing the relationships this person has had with other people, institutions, and/or events that support using him or her as the subject for a case study research paper. It is particularly important to differentiate the person as the subject of analysis from others and to succinctly explain how the person relates to examining the research problem.

If your subject of analysis is a place. In general, a case study that investigates a place suggests a subject of analysis that is unique or special in some way and that this uniqueness can be used to build new understanding or knowledge about the research problem. A case study of a place must not only describe its various attributes relevant to the research problem [e.g., physical, social, cultural, economic, political, etc.], but you must state the method by which you determined that this place will illuminate new understandings about the research problem. It is also important to articulate why a particular place as the case for study is being used if similar places also exist [i.e., if you are studying patterns of homeless encampments of veterans in open spaces, why study Echo Park in Los Angeles rather than Griffith Park?]. If applicable, describe what type of human activity involving this place makes it a good choice to study [e.g., prior research reveals Echo Park has more homeless veterans].

If your subject of analysis is a phenomenon. A phenomenon refers to a fact, occurrence, or circumstance that can be studied or observed but with the cause or explanation to be in question. In this sense, a phenomenon that forms your subject of analysis can encompass anything that can be observed or presumed to exist but is not fully understood. In the social and behavioral sciences, the case usually focuses on human interaction within a complex physical, social, economic, cultural, or political system. For example, the phenomenon could be the observation that many vehicles used by ISIS fighters are small trucks with English language advertisements on them. The research problem could be that ISIS fighters are difficult to combat because they are highly mobile. The research questions could be how and by what means are these vehicles used by ISIS being supplied to the militants and how might supply lines to these vehicles be cut? How might knowing the suppliers of these trucks from overseas reveal larger networks of collaborators and financial support? A case study of a phenomenon most often encompasses an in-depth analysis of a cause and effect that is grounded in an interactive relationship between people and their environment in some way.

NOTE:   The choice of the case or set of cases to study cannot appear random. Evidence that supports the method by which you identified and chose your subject of analysis should be linked to the findings from the literature review. Be sure to cite any prior studies that helped you determine that the case you chose was appropriate for investigating the research problem.

IV.  Discussion

The main elements of your discussion section are generally the same as any research paper, but centered around interpreting and drawing conclusions about the key findings from your case study. Note that a general social sciences research paper may contain a separate section to report findings. However, in a paper designed around a case study, it is more common to combine a description of the findings with the discussion about their implications. The objectives of your discussion section should include the following:

Reiterate the Research Problem/State the Major Findings Briefly reiterate the research problem you are investigating and explain why the subject of analysis around which you designed the case study were used. You should then describe the findings revealed from your study of the case using direct, declarative, and succinct proclamation of the study results. Highlight any findings that were unexpected or especially profound.

Explain the Meaning of the Findings and Why They are Important Systematically explain the meaning of your case study findings and why you believe they are important. Begin this part of the section by repeating what you consider to be your most important or surprising finding first, then systematically review each finding. Be sure to thoroughly extrapolate what your analysis of the case can tell the reader about situations or conditions beyond the actual case that was studied while, at the same time, being careful not to misconstrue or conflate a finding that undermines the external validity of your conclusions.

Relate the Findings to Similar Studies No study in the social sciences is so novel or possesses such a restricted focus that it has absolutely no relation to previously published research. The discussion section should relate your case study results to those found in other studies, particularly if questions raised from prior studies served as the motivation for choosing your subject of analysis. This is important because comparing and contrasting the findings of other studies helps to support the overall importance of your results and it highlights how and in what ways your case study design and the subject of analysis differs from prior research about the topic.

Consider Alternative Explanations of the Findings It is important to remember that the purpose of social science research is to discover and not to prove. When writing the discussion section, you should carefully consider all possible explanations for the case study results, rather than just those that fit your hypothesis or prior assumptions and biases. Be alert to what the in-depth analysis of the case may reveal about the research problem, including offering a contrarian perspective to what scholars have stated in prior research.

Acknowledge the Study's Limitations You can state the study's limitations in the conclusion section of your paper but describing the limitations of your subject of analysis in the discussion section provides an opportunity to identify the limitations and explain why they are not significant. This part of the discussion section should also note any unanswered questions or issues your case study could not address. More detailed information about how to document any limitations to your research can be found here .

Suggest Areas for Further Research Although your case study may offer important insights about the research problem, there are likely additional questions related to the problem that remain unanswered or findings that unexpectedly revealed themselves as a result of your in-depth analysis of the case. Be sure that the recommendations for further research are linked to the research problem and that you explain why your recommendations are valid in other contexts and based on the original assumptions of your study.

V.  Conclusion

As with any research paper, you should summarize your conclusion in clear, simple language; emphasize how the findings from your case study differs from or supports prior research and why. Do not simply reiterate the discussion section. Provide a synthesis of key findings presented in the paper to show how these converge to address the research problem. If you haven't already done so in the discussion section, be sure to document the limitations of your case study and needs for further research.

The function of your paper's conclusion is to: 1)  restate the main argument supported by the findings from the analysis of your case; 2) clearly state the context, background, and necessity of pursuing the research problem using a case study design in relation to an issue, controversy, or a gap found from reviewing the literature; and, 3) provide a place for you to persuasively and succinctly restate the significance of your research problem, given that the reader has now been presented with in-depth information about the topic.

Consider the following points to help ensure your conclusion is appropriate:

• If the argument or purpose of your paper is complex, you may need to summarize these points for your reader.
• If prior to your conclusion, you have not yet explained the significance of your findings or if you are proceeding inductively, use the conclusion of your paper to describe your main points and explain their significance.
• Move from a detailed to a general level of consideration of the case study's findings that returns the topic to the context provided by the introduction or within a new context that emerges from your case study findings.

Note that, depending on the discipline you are writing in and your professor's preferences, the concluding paragraph may contain your final reflections on the evidence presented applied to practice or on the essay's central research problem. However, the nature of being introspective about the subject of analysis you have investigated will depend on whether you are explicitly asked to express your observations in this way.

Problems to Avoid

Overgeneralization One of the goals of a case study is to lay a foundation for understanding broader trends and issues applied to similar circumstances. However, be careful when drawing conclusions from your case study. They must be evidence-based and grounded in the results of the study; otherwise, it is merely speculation. Looking at a prior example, it would be incorrect to state that a factor in improving girls access to education in Azerbaijan and the policy implications this may have for improving access in other Muslim nations is due to girls access to social media if there is no documentary evidence from your case study to indicate this. There may be anecdotal evidence that retention rates were better for girls who were on social media, but this observation would only point to the need for further research and would not be a definitive finding if this was not a part of your original research agenda.

Failure to Document Limitations No case is going to reveal all that needs to be understood about a research problem. Therefore, just as you have to clearly state the limitations of a general research study , you must describe the specific limitations inherent in the subject of analysis. For example, the case of studying how women conceptualize the need for water conservation in a village in Uganda could have limited application in other cultural contexts or in areas where fresh water from rivers or lakes is plentiful and, therefore, conservation is understood differently than preserving access to a scarce resource.

Failure to Extrapolate All Possible Implications Just as you don't want to over-generalize from your case study findings, you also have to be thorough in the consideration of all possible outcomes or recommendations derived from your findings. If you do not, your reader may question the validity of your analysis, particularly if you failed to document an obvious outcome from your case study research. For example, in the case of studying the accident at the railroad crossing to evaluate where and what types of warning signals should be located, you failed to take into consideration speed limit signage as well as warning signals. When designing your case study, be sure you have thoroughly addressed all aspects of the problem and do not leave gaps in your analysis.

Case Studies . Writing@CSU. Colorado State University; Gerring, John. Case Study Research: Principles and Practices . New York: Cambridge University Press, 2007; Merriam, Sharan B. Qualitative Research and Case Study Applications in Education . Rev. ed. San Francisco, CA: Jossey-Bass, 1998; Miller, Lisa L. “The Use of Case Studies in Law and Social Science Research.” Annual Review of Law and Social Science 14 (2018): TBD; Mills, Albert J., Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Putney, LeAnn Grogan. "Case Study." In Encyclopedia of Research Design , Neil J. Salkind, editor. (Thousand Oaks, CA: SAGE Publications, 2010), pp. 116-120; Simons, Helen. Case Study Research in Practice . London: SAGE Publications, 2009;  Kratochwill,  Thomas R. and Joel R. Levin, editors. Single-Case Research Design and Analysis: New Development for Psychology and Education .  Hilldsale, NJ: Lawrence Erlbaum Associates, 1992; Swanborn, Peter G. Case Study Research: What, Why and How? London : SAGE, 2010; Yin, Robert K. Case Study Research: Design and Methods . 6th edition. Los Angeles, CA, SAGE Publications, 2014; Walo, Maree, Adrian Bull, and Helen Breen. “Achieving Economic Benefits at Local Events: A Case Study of a Local Sports Event.” Festival Management and Event Tourism 4 (1996): 95-106.

Writing Tip

At Least Five Misconceptions about Case Study Research

Social science case studies are often perceived as limited in their ability to create new knowledge because they are not randomly selected and findings cannot be generalized to larger populations. Flyvbjerg examines five misunderstandings about case study research and systematically "corrects" each one. To quote, these are:

Misunderstanding 1 :  General, theoretical [context-independent knowledge is more valuable than concrete, practical (context-dependent) knowledge. Misunderstanding 2 :  One cannot generalize on the basis of an individual case; therefore, the case study cannot contribute to scientific development. Misunderstanding 3 :  The case study is most useful for generating hypotheses; that is, in the first stage of a total research process, whereas other methods are more suitable for hypotheses testing and theory building. Misunderstanding 4 :  The case study contains a bias toward verification, that is, a tendency to confirm the researcher’s preconceived notions. Misunderstanding 5 :  It is often difficult to summarize and develop general propositions and theories on the basis of specific case studies [p. 221].

While writing your paper, think introspectively about how you addressed these misconceptions because to do so can help you strengthen the validity and reliability of your research by clarifying issues of case selection, the testing and challenging of existing assumptions, the interpretation of key findings, and the summation of case outcomes. Think of a case study research paper as a complete, in-depth narrative about the specific properties and key characteristics of your subject of analysis applied to the research problem.

Flyvbjerg, Bent. “Five Misunderstandings About Case-Study Research.” Qualitative Inquiry 12 (April 2006): 219-245.

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Methodology

• What Is a Case Study? | Definition, Examples & Methods

What Is a Case Study? | Definition, Examples & Methods

Published on May 8, 2019 by Shona McCombes . Revised on November 20, 2023.

A case study is a detailed study of a specific subject, such as a person, group, place, event, organization, or phenomenon. Case studies are commonly used in social, educational, clinical, and business research.

A case study research design usually involves qualitative methods , but quantitative methods are sometimes also used. Case studies are good for describing , comparing, evaluating and understanding different aspects of a research problem .

Table of contents

When to do a case study, step 1: select a case, step 2: build a theoretical framework, step 3: collect your data, step 4: describe and analyze the case, other interesting articles.

A case study is an appropriate research design when you want to gain concrete, contextual, in-depth knowledge about a specific real-world subject. It allows you to explore the key characteristics, meanings, and implications of the case.

Case studies are often a good choice in a thesis or dissertation . They keep your project focused and manageable when you don’t have the time or resources to do large-scale research.

You might use just one complex case study where you explore a single subject in depth, or conduct multiple case studies to compare and illuminate different aspects of your research problem.

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Once you have developed your problem statement and research questions , you should be ready to choose the specific case that you want to focus on. A good case study should have the potential to:

• Provide new or unexpected insights into the subject
• Challenge or complicate existing assumptions and theories
• Propose practical courses of action to resolve a problem
• Open up new directions for future research

TipIf your research is more practical in nature and aims to simultaneously investigate an issue as you solve it, consider conducting action research instead.

Unlike quantitative or experimental research , a strong case study does not require a random or representative sample. In fact, case studies often deliberately focus on unusual, neglected, or outlying cases which may shed new light on the research problem.

Example of an outlying case studyIn the 1960s the town of Roseto, Pennsylvania was discovered to have extremely low rates of heart disease compared to the US average. It became an important case study for understanding previously neglected causes of heart disease.

However, you can also choose a more common or representative case to exemplify a particular category, experience or phenomenon.

Example of a representative case studyIn the 1920s, two sociologists used Muncie, Indiana as a case study of a typical American city that supposedly exemplified the changing culture of the US at the time.

While case studies focus more on concrete details than general theories, they should usually have some connection with theory in the field. This way the case study is not just an isolated description, but is integrated into existing knowledge about the topic. It might aim to:

• Exemplify a theory by showing how it explains the case under investigation
• Expand on a theory by uncovering new concepts and ideas that need to be incorporated
• Challenge a theory by exploring an outlier case that doesn’t fit with established assumptions

To ensure that your analysis of the case has a solid academic grounding, you should conduct a literature review of sources related to the topic and develop a theoretical framework . This means identifying key concepts and theories to guide your analysis and interpretation.

There are many different research methods you can use to collect data on your subject. Case studies tend to focus on qualitative data using methods such as interviews , observations , and analysis of primary and secondary sources (e.g., newspaper articles, photographs, official records). Sometimes a case study will also collect quantitative data.

Example of a mixed methods case studyFor a case study of a wind farm development in a rural area, you could collect quantitative data on employment rates and business revenue, collect qualitative data on local people’s perceptions and experiences, and analyze local and national media coverage of the development.

The aim is to gain as thorough an understanding as possible of the case and its context.

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In writing up the case study, you need to bring together all the relevant aspects to give as complete a picture as possible of the subject.

How you report your findings depends on the type of research you are doing. Some case studies are structured like a standard scientific paper or thesis , with separate sections or chapters for the methods , results and discussion .

Others are written in a more narrative style, aiming to explore the case from various angles and analyze its meanings and implications (for example, by using textual analysis or discourse analysis ).

In all cases, though, make sure to give contextual details about the case, connect it back to the literature and theory, and discuss how it fits into wider patterns or debates.

If you want to know more about statistics , methodology , or research bias , make sure to check out some of our other articles with explanations and examples.

• Normal distribution
• Degrees of freedom
• Null hypothesis
• Discourse analysis
• Control groups
• Mixed methods research
• Non-probability sampling
• Quantitative research
• Ecological validity

Research bias

• Rosenthal effect
• Implicit bias
• Cognitive bias
• Selection bias
• Negativity bias
• Status quo bias

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Contracts Cases Outline

Contract law concerns the creation and enforcement of binding agreements between parties. Generally, the elements of a legally enforceable contract are assent, a valid offer, acceptance, and consideration. Most contract law concepts stem from common law, but some come from other sources, such as the universally adopted Uniform Commercial Code (UCC). Below is an outline of key cases in contract law with links to the full text of virtually every case, provided free by Justia.

• 2 Mutual Misunderstanding
• 4 Destroying an Offer
• 5 Option Contracts
• 6 Acceptance
• 7 Imperfect Acceptances
• 8 Consideration
• 9 Reliance and Promissory Estoppel
• 10 Contract Terms
• 11 Integrated Agreements
• 12 Conditions Precedent
• 13 Definiteness
• 14 Unconscionability
• 16 The Statute of Frauds
• 17 Breach of Contract
• 18 Anticipatory Repudiation
• 19 Excusing Conditions
• 20 Remedies

Assent binds parties in a contract. Assent is measured by the outward manifestations of the parties, rather than the inner, private, or secret intentions of the parties. Assent may be found when a reasonable person in the situation would have believed that there was assent, even if one party lacked subjective intent to be bound.

Lucy v. Zehmer 一 A contract is enforceable if one party reasonably believes that the other party has sufficient intent to enter into the agreement, even if the other party actually does not.

Leonard v. Pepsico, Inc. 一 Generally, an advertisement is not an offer. In evaluating whether an advertisement was an offer, a court will not consider the subjective intents or views of the parties, but what an objective, reasonable person would have understood.

Gleason v. Freeman 一 Whether a binding contract exists depends on the objective expressions of intent to be bound and the definitiveness of the terms of the agreement. When a party’s words create doubt as to their intent to be bound, a court will consider the situation and conduct of the parties under the circumstances. Continuing to negotiate an agreement’s terms may be evidence that the parties did not intend to be bound.

Mutual Misunderstanding

There is no mutual assent if the parties attach materially different meanings to their manifestations. However, the meaning attached by one party may control if that party does not know or have reason to know of a different meaning attached by the other and the other knows or has reason to know of the meaning attached by the first.

Raffles v. Wichelhaus 一 A contract is invalid if there is no meeting of the minds, as is the case when there is a mutual mistake.

An offer is a manifestation of assent by an offeror to an offeree that the offeror commits to a deal on specific terms and gives the offeree the power to assent to the terms and make a contract. If the so-called offeree knows that the so-called offeror does not intend to give the offeree the power to make a contract by simply accepting, there is no offer.

Lonergan v. Scolnick 一 An invitation for offers is not by itself an offer to form an enforceable contract.

Maryland Supreme Corp. v. Blake Co. 一 A mere price quotation and an invitation to enter into negotiations is not an offer, but whether an offer was made depends on the intention of the parties and the facts and circumstances of the case.

Sateriale v. R.J. Reynolds Tobacco Co. 一 An offer to enter into a unilateral contract may exist when an advertiser, in clear and positive terms, promises performance in exchange for something requested by the advertiser, and the recipient of the advertisement reasonably may conclude that acting in accordance with the request would form a contract. Advertisements may be offers when they invite the performance of a specific act without further communication and leave nothing for negotiation. If the offeror retains some discretion in performance, this does not preclude the existence of an offer.

Destroying an Offer

There are four general ways to destroy an offer: rejection or counteroffer, revocation, lapse, or death or incapacity. An offer may be effectively revoked if the offeree learns that the offeror no longer intends to keep the offer open, even if the offer is not expressly revoked. An offer may lapse after a reasonable period of time, depending on the circumstances surrounding the offer.

Dickinson v. Dodds 一 A promise to keep an offer open for a certain period of time is not binding without the consideration and acceptance necessary to form a binding agreement. One cannot accept an offer when they have knowledge that the offeror’s mind is no longer in agreement, even if the offeror did not expressly retract the offer.

Minnesota Linseed Oil Co. v. Collier White Lead Co. 一 An acceptance must be made within a reasonable time after an offer is received, as defined by the circumstances of the case.

Option Contracts

An option contract is a promise that the offeror’s right to revoke their offer will be limited, usually by a period of time. An offer is generally binding as an option contract if it is in writing and signed by the offeror, includes purported consideration, and proposes an exchange on fair terms within a reasonable time. (An offer may also be binding as an option contract if it is made irrevocable by statute.)

Beall v. Beall 一 An option agreement must be supported by consideration to be binding. Otherwise, it is a mere offer to sell, which may be revoked at any time before acceptance. However, an option may be binding if it is accepted within the time limit and before the offer is withdrawn.

Board of Control of Eastern Michigan University v. Burgess 一 One dollar may be valid consideration for an option to purchase land, so long as the dollar is paid or tendered. Written acknowledgment of receipt of consideration merely creates a rebuttable presumption of consideration. If an option contract fails for lack of consideration, the underlying offer will not be affected. However, the underlying offer may then be revoked at any time.

An offeree exercises their power to create a contract by accepting an offer. An offeree usually has a reasonable period of time to accept an offer, unless the offer specifies a time limit. Conduct by both parties recognizing the existence of a contract may be sufficient to show an agreement, even if the moment when a sufficient agreement was formed cannot be determined.

La Salle National Bank v. Vega 一 There is no offer when the so-called offer is not intended to give the so-called offeree the power to make a contract. A contract may dictate certain requirements for acceptance and may specify the mode of acceptance required.

Ever-Tite Roofing Corp. v. Green 一 If the time limit to accept is not specified in the offer, it is within a reasonable period of time. What constitutes a reasonable period of time is determined by the nature of the proposed contract, usages of business, and other relevant circumstances that the offeree knows or has reason to know at the time of acceptance.

Maryland Supreme Corp. v. Blake Co. 一 Conduct by both parties recognizing the existence of a contract may be sufficient to show an agreement, even if the moment when a sufficient agreement was formed cannot be determined. In addition to any contractual language, usage of trade, course of dealing and performance, and general circumstances may be used to determine the terms of the parties’ agreement.

Hendricks v. Behee 一 A valid contract is only formed when acceptance of the offer is communicated to the offeror. Similarly, a revocation is only effective when it is communicated to the offeree before acceptance. Communication of acceptance of a contract to an agent of the offeree does not bind the offeror. However, when an agent of the offeree obtains notice that the offer was withdrawn, that notice is binding upon the offeree.

Adams v. Lindsell 一 Under the mailbox rule, an offer is accepted when the acceptance is put into the mail by the offeree.

Carlill v. Carbolic Smoke Ball Co. 一 An advertisement may be an express contractual promise to pay when evidence of the advertiser’s sincerity, such as a deposit of the reward in a bank, would lead a reasonable person to think that they had the power of acceptance. Acceptance of such an offer may be made by performance, and no prior notice of the acceptance is required.

Marchiondo v. Scheck 一 An offer that invites acceptance by performance, which does not also invite acceptance by promissory acceptance, may not be revoked after performance has begun. Beginning performance effectively creates an option contract conditional on completed performance in accordance with the offer’s terms.

Imperfect Acceptances

Imperfect acceptances (or implied rejections) may take the form of counteroffers, acceptances with conditions, or responses containing new terms. Under the mirror image rule, acceptance generally must be coextensive with the offer and may not include additional terms or conditions. The mirror image rule is different for transactions falling under Section 2-207 of the UCC.

Gresser v. Hotzler 一 Under the mirror image rule, acceptance must be coextensive with the offer and may not introduce additional terms or conditions. Immaterial variations included in an acceptance will not hinder contract formation. However, a material term or condition introduced in the acceptance may preclude contract formation.

Diamond Fruit Growers, Inc. v. Krack Corp. v. Metal-matic, Inc. 一 Under UCC Section 2-207, a common-law counteroffer containing different or additional terms operates as an acceptance if the responding form includes a definite and seasonable expression of acceptance. Between merchants, such terms become part of the contract unless the offer expressly limits acceptance to its terms, the terms materially alter the contract, or a party objects to the terms. If the definite and seasonable expression of acceptance is expressly conditioned on assent to the different or additional terms, a contract is not created unless the offeror assents to the new terms. If the conduct of the parties recognizes the existence of a contract, but the offeror does not assent to the new terms, only the terms on which the parties’ forms agree will remain, and any other terms may be replaced with UCC terms.

Klocek v. Gateway, Inc. 一 Additional terms included with a product do not become part of a contract if the purchaser is not a merchant, unless the purchaser expressly agrees to them.

Hancock v. American Telephone & Telegraph Co., Inc. 一 Clickwrap agreements, which require a computer user to consent to terms and conditions by clicking on a dialog box, are typically upheld when they were clearly presented to the consumer, and the consumer had an opportunity to read the agreement and unambiguously accepted the terms.

Consideration

Consideration may be virtually anything for which one would bargain in exchange for a promise. Consideration may be a return promise, some kind of property, an affirmative action, or the forbearance of a legal right. Usually, consideration is a return promise. A contract will be unenforceable if it lacks consideration or an adequate substitute.

Reed v. University of North Dakota 一 Surrender of a legal right by signing a release form in exchange for participation may constitute consideration.

McCormick v. Dresdale 一 The forbearance of a legal right may qualify as valid consideration for a settlement agreement, but claims forgone that were false and made in bad faith may not constitute valid consideration.

Kirksey v. Kirkse y 一 A mere gratuitous promise without consideration is not enforceable, even if the promisee reasonably relied upon the promise and incurred a detriment.

Hamer v. Sidway 一 The forbearance of a legal right may still be valid consideration even if such forbearance benefited the promisee and did not benefit the promisor.

Schnell v. Nell 一 Consideration of one cent, which is clearly nominal, cannot support an exchange of $600. Furthermore, a moral consideration cannot support a promise, nor will a compromise of a legally groundless claim. Past services, love, and affection cannot be legal consideration for the promise to pay money to a third person.

Hooters of America, Inc. v. Phillips 一 There is no consideration if a return promise is in fact illusory. An illusory promise is one that makes performance optional and is, therefore, no promise at all. A promise to arbitrate when one party retains the right to modify or terminate the agreement, thereby creating an imbalance of obligation, is an illusory and unenforceable promise.

Alaska Packers’ Ass’n v. Domenico 一 There is no consideration when a party refuses to perform that which they are already bound to perform until the other party agrees to increased compensation for that same performance.

Angel v. Murray 一 A contract modification is generally unenforceable without additional consideration, and a promise to perform a pre-existing duty is not valid consideration. However, if the parties voluntarily and in good faith agree to a modification, it may be enforced without additional consideration if it is made to fairly and equitably address unexpected or unanticipated circumstances that arise during performance.

Reliance and Promissory Estoppel

When a promisee reasonably and foreseeably relies on a promise to their detriment, the promise is enforced to avoid injustice. Similarly, when an offeror should reasonably expect to and does in fact induce the offeree’s substantial action or forbearance before acceptance, a binding option contract may be enforced to the extent necessary to avoid injustice.

Ricketts v. Scothorn 一 When a promisee alters their position for the worse in reliance on a promisor’s promise, and the promisor should have expected that alteration as a reasonable and probable consequence of their promise, the promise may be enforced under the doctrine of equitable estoppel.

Dixon v. Wells Fargo Bank, N.A. 一 It is not necessary that there be an intent to mislead or deceive for an otherwise unenforceable contract to be enforced under the doctrine of promissory estoppel. Instead, under the circumstances, it must be unjust to allow one party to walk away from the natural or reasonably anticipated detrimental consequences of their representations or conduct when they take advantage of or string along another party. In such cases, pre-contractual liability should be limited to reliance expenditures.

Salsbury v. Northwestern Bell Telephone Co. 一 For reasons of public policy, charitable subscriptions should be binding even if there is no consideration or detrimental reliance.

Contract Terms

Contracts may contain both express and implied terms. If a dispute arises because contract language is ambiguous, a court may consider evidence other than the language contained therein, such as the circumstances surrounding the contract. Courts sometimes infer contract terms by examining circumstances such as course of performance, course of dealing, and usage of trade.

Threadgill v. Peabody Coal Co. 一 A party may be bound by trade usage if they had actual knowledge of the trade usage, or if the trade usage was so well established as to suggest constructive knowledge. When a party has not expressly agreed to be bound by trade usage, it may only be binding if it is reasonable, generally meaning that the usage must not be illegal or violative of public policy.

Wood v. Lucy, Lady of Duff-Gordon 一 An implied promise may exist when a contract’s express terms lack mutuality of obligation.

Billman v. Hensel 一 Financing clauses impose an implied obligation to make a reasonable and good-faith effort to satisfy the condition. A promisor cannot be excused from performance because of a condition precedent when they prevented the performance of the condition themselves.

Locke v. Warner Bros., Inc. 一 A contract that gives one party discretion affecting the rights of the other party imposes a duty to exercise that discretion in good faith and in accordance with fair dealing. In cases of subjective satisfaction, so long as dissatisfaction is asserted in good faith, it does not matter whether such dissatisfaction is reasonable.

Traders Bank v. Dils 一 Generally, there is no fraud when a promise is not performed, but an exception exists when the device used to accomplish the fraud is the promise itself. Fraudulent inducement is based on a party’s fraudulent representation of their intention to perform, rather than a breach of the agreement to perform.

Frigaliment Importing Co. v. B.N.S. Int’l Sales Corp. 一 When a contract term is in dispute, a court will consider the language of the contract; definitions of the term from other sources, such as dictionaries and regulations; the circumstances surrounding the agreement, including preliminary negotiations; trade usage; and course of performance. A court will also consider whether one party knew or should have known how the other party interpreted the contract.

Random House, Inc. v. Rosetta Books LLC 一 Contract language is ambiguous if a reasonably intelligent person who has considered the context of the agreement and applicable customs, practices, usages, and terminology could objectively interpret the language in more than one way. If contract language is ambiguous, a court will consider extrinsic evidence to interpret it. If contract language can most reasonably be read to convey one certain meaning, the party wishing to deviate from that interpretation bears the burden of negotiating for language expressing that deviation.

Integrated Agreements

Only a binding, completely integrated agreement discharges prior agreements to the extent that they are within its scope. An agreement is not completely integrated if it omits a consistent, additional agreed term either agreed to for separate consideration or naturally omitted under the circumstances.

Trident Center v. Connecticut General Life Ins. Co. 一 There is no prohibition against the use of parol evidence in interpreting contracts under California state law, no matter how thoroughly they appear to be integrated.

Mitchill v. Lath 一 An oral agreement may alter a written contract if it is a collateral agreement, it does not contradict express or implied provisions of the written contract, and it is one that parties would not ordinarily include in the written contract. An oral agreement may not alter a written contract if it is closely related to the subject of the written agreement.

Masterson v. Sine 一 Parol evidence may not be used to add to or alter the terms of an integrated agreement. To determine whether a written contract was an integration, meaning a complete and final embodiment of the terms, a court will consider whether the parties intended their writing to serve as the exclusive embodiment of the agreement. If an agreement is only partially integrated, parol evidence can be used to prove elements of the agreement that are not reduced to writing.

Luther Williams, Jr., Inc. v. Johnson 一 The parol evidence rule does not prevent a court from admitting testimony concerning an oral condition precedent. Parol testimony concerning an oral condition precedent is admissible when the contract is silent on the matter, the testimony does not contradict the writing, and it may be inferred under the circumstances that the parties did not intend the writing to encompass their entire agreement.

In re Soper’s Estate 一 When contract language is ambiguous not on its face, but when practically applied, parol evidence is admissible to determine the parties’ intent.

Conditions Precedent

If parties include a condition precedent in their agreement, the performance obligations to which the condition precedent applies will not become due until the condition precedent is satisfied.

Luttinger v. Rosen 一 A contract is not binding if a condition precedent, meaning a fact or event that the parties intend must exist or take place before performance, is not met.

Dove v. Rose Acre Farms, Inc. 一 An employer may not be obligated to perform under a bonus contract until the employee has satisfied all required conditions, even if those conditions seem especially strict.

Evans, Mechwart, Hambleton & Tilton, Inc. v. Triad Architects, Ltd. 一 A pay-when-paid provision operates only as a timing mechanism, while a pay-if-paid provision operates as a condition precedent that may discharge the duty to pay if the parties clearly intended to create such a condition precedent.

Definiteness

A contract may be unenforceable if a material term of the agreement is too indefinite. A contract will not fail for indefiniteness if the parties intended to make a contract, and there is a reasonably certain basis for giving an appropriate remedy.

Varney v. Ditmars 一 The words “fair” and “reasonable” may be definite enough to be enforceable, depending on the circumstances of the case, especially when they are used synonymously with “market value.” However, such words may be too indefinite to be enforceable when their meaning cannot be determined with a reasonable degree of certainty under the circumstances.

Community Design Corp. v. Antonell 一 An uncertain contract may nevertheless be enforceable when one party benefits from another party’s performance. A jury may properly determine the exact terms of such a contract.

Walker v. Keith 一 An agreement to agree, even in a renewal option, is not enforceable. Only option contracts that specify all the material terms with substantial certainty and leave nothing to be agreed upon in the future are enforceable.

Moonlenaar v. Co-Build Companies, Inc. 一 If a renewal clause leaves rent to be determined by a subsequent agreement, it is implied that the new rent will be “reasonable” or the “fair market” value, and is thus specific enough to be enforceable. Parol evidence may be used to explain the implicit term and show what the parties intended. There may be additional reason to enforce a renewal option when a party has already paid valuable consideration, such as higher rent.

Unconscionability

A contract may be unenforceable for unconscionability in certain circumstances. A court may consider such factors as the relevant bargaining power between the parties, their relationship, the ability of the accepting party to review and understand the contract before signing, and whether the terms unreasonably favored one party.

Williams v. Walker-Thomas Furniture Co. 一 Unconscionability, including an absence of meaningful choice on the part of one of the parties together with contract terms unreasonably favorable to the other party, may be a valid defense to the enforcement of a contract.

Vernon v. Qwest Communications Int’l, Inc. 一 In Colorado, a contract is unconscionable if it is both substantively and procedurally unconscionable. Relevant factors include unequal bargaining power, lack of opportunity to read the document before signing it, use of fine print, an absence of evidence that the provision was commercially reasonable, the terms of the contract, the relationship of the parties, and the circumstances surrounding the formation of the contract.

A contract may be rescinded when a mistaken belief related to a basic assumption of both parties materially affects the agreed performance. However, rescission may not be appropriate when the party challenging the contract has assumed the risk of loss related to a mistake.

Estate of Nelson v. Rice 一 A party bears the risk of mistake when they are aware at the time of contracting that they have only limited knowledge of the facts to which the mistake relates but treat such knowledge as sufficient. One who is consciously ignorant may be said to have assumed the risks associated with that ignorance.

Grenall v. United of Omaha Life Ins. Co. 一 A decedent’s unilateral mistaken belief that they were in good health when purchasing an annuity is not a valid basis to rescind the contract. The burden of such a risk is reasonable because it is an inherent part of a life annuity contract.

The Statute of Frauds

The statute of frauds provides that certain agreements are not enforceable without a written document signed by the party against whom enforcement is sought. Agreements that fall under the statute of frauds include contracts not performed within one year of the making of the contract, contracts for the sale of goods worth $500 or more, and contracts involving an interest in land.

Radke v. Brenon 一 A letter written to offer land for sale is sufficient to satisfy the Minnesota statute of frauds. Under the statute, a note or memorandum may be sufficient evidence to enforce an oral contract so long as the writing expresses consideration, is signed by the selling party or their lawful agent authorized in writing, and states expressly or by necessary implication the parties to the contract, the land involved, and the general terms and conditions of the sale. When all the evidence clearly indicates that an oral contract was made, a court may overlook technical requirements that would otherwise lead to an outcome contrary to the statute's purpose.

DF Activities Corp. v. Brown 一 There is an exception to the UCC's statute of frauds when the party against whom enforcement is sought admits in court that an oral contract for sale was made. However, once one party has submitted a sworn statement denying the existence of a contract, the other party cannot continue a lawsuit under the exception, hoping that the first party will perjure themselves.

McIntosh v. Murphy 一 A court has discretion to ignore the statute of frauds to avoid injustice, especially considering the doctrines of part performance and equitable estoppel.

Breach of Contract

Once a party breaches a contract, the other party has the right to sue for damages. If the breach is material, the party may have the right to suspend their own performance while pursuing damages. A breach is not material if there was substantial performance of the contract.

Kingston v. Preston 一 If a condition precedent is not met by one party, the other has no duty to perform, since their obligation to perform does not arise until the condition is satisfied.

Jacob & Youngs, Inc. v. Kent 一 Parties are obligated to fully perform under their contracts, but a trivial and innocent omission may sometimes be excused to the extent that damages may be limited to the difference in value between the performance bargained for and the actual performance, rather than the cost of replacement.

Anticipatory Repudiation

Anticipatory repudiation occurs when one party unequivocally manifests their intention not to perform their contractual obligations before they become due. Generally, an aggrieved party may await performance for a reasonable period of time or pursue a remedy for the breach.

Hochster v. De La Tour 一 Once a party repudiates their contractual obligations, the other party has the right to sue under the contract, even if performance has not yet become due.

Norcon Power Partners, L.P. v. Niagara Mohawk Power Corp. 一 If one party reasonably believes that the other will commit a breach by non-performance, they have the right to demand adequate assurance of future performance. This UCC principle is equally applicable under New York common law.

Excusing Conditions

Certain conditions may excuse a party from performing their contractual obligations. Under the doctrine of impossibility, a party may generally be excused from performance if performance becomes impossible or impracticable due to no fault of their own. Under the doctrine of frustration of purpose, a party may be excused from performance if their principal purpose for contracting is substantially frustrated by no fault of their own.

Acme Markets, Inc. v. Federal Armored Express, Inc. 一 If the non-occurrence of a condition would cause a disproportionate forfeiture, a court may excuse the non-occurrence so long as the condition was an immaterial part of the agreement. To determine whether a forfeiture is disproportionate, a court must weigh the extent of the obligee’s forfeiture against the importance of the risk against which the obligor sought to protect and the degree to which that protection would be lost if the non-occurrence was excused.

Alderman v. Davidson 一 A party’s waiver of their right to enforce one provision of a contract may waive their right to enforce another provision if their waiver intended such a consequence as indicated by their conduct. Even if the party did not intend to waive their right, they may be estopped if their conduct induced the other party into reasonably believing that strict compliance was not necessary.

Zwick v. Lodewijk Corp. 一 A clause in a lease providing that a lessor’s failure to act on any default does not waive the right to declare a default is not effective. A non-waiver provision may be considered evidence of non-waiver, but it itself can be waived. Additionally, the statute of frauds does not bar an oral modification to extend the time for performance, including payment.

Taylor v. Caldwell 一 Impossibility may excuse a borrower or bailee from returning a bailed item if performance becomes impossible because the item has perished, so long as the impossibility is not due to the fault of the borrower or bailee.

Hewitt v. Biscaro 一 Only a governmental order or promulgation of a governmental regulation rises to the level of an event that may excuse performance based on impracticability. A verbal instruction is insufficient. A party may not assert that a condition excuses them from performance if the attempt to avoid performance is not made in good faith and in accordance with fair dealing.

Route 6 Outparcels, LLC v. Ruby Tuesday, Inc. 一 When parties define the contours of a force majeure provision, such contours dictate its application, effect, and scope. A party may not use a force majeure clause to excuse their non-performance when they expressly limited the clause to events beyond the control of the non-performing party. While a global economic downturn is not within a party’s control, their decisions regarding how to cope with the downturn are.

Krell v. Henry 一 When a party’s purpose for contracting is frustrated by the non-occurrence of a condition, the occurrence of which was a basic assumption of the contract, the party’s duties may be discharged so long as the non-occurrence was not their fault.

Remedies for breach of contract protect each party’s expectation interests, reliance interests, and restitution interests. Parties often include liquidated damages provisions in their contracts, under which they agree on damages in event of a breach ahead of time. Parties are also entitled to limit available remedies by including provisions such as damages caps.

Carr-Gottstein Properties v. Benedict 一 A liquidated damages provision is valid when actual damages would be difficult to calculate, so long as the agreed amount is a reasonable forecast of likely damages and not so disproportionate an amount as to be punitive in nature.

O’Brian v. Langley School 一 A party opposing a liquidated damages provision may be entitled to conduct discovery to prove that the provision is an unenforceable penalty.

Nohe v. Roblyn Development Corp. 一 A court has discretion to compare the damages fixed in a liquidated damages provision to actual damages and choose not to enforce the liquidated damages provision if the difference between the provision and actual damages is unreasonable.

Ash Park, LLC v. Alexander & Bishop, Ltd. 一 When a contract for the sale of land is breached, a court has discretion to order specific performance, regardless of whether it is demonstrated that a legal remedy would be inadequate.

Reed Foundation, Inc. v. Franklin D. Roosevelt Four Freedoms Park, LLC 一 A court may order specific performance even if this would offend aesthetic considerations.

i.Lan Systems, Inc. v. Netscout Service Level Corp. 一 Specific performance may be appropriate when goods are unique or irreplaceable as a practical matter, but specific performance may not be appropriate when it is the contract itself that is unique, rather than the goods.

Grossinger Motorcorp, Inc. v. American National Bank and Trust Co. 一 A liquidated damages provision is only enforceable if the parties intended to agree to settle monetary damages in advance. Therefore, an optional liquidated damages clause is unenforceable because it shows that the parties did not have the necessary intent.

Groves v. John Wunder Co. 一 When a construction contract is breached, the correct measure of damages is the cost of remedying the defect, rather than the difference in value between the land as it was before the contract was made and the land as it would have been had the contract been performed.

Peevyhouse v. Garland Coal & Mining Co. 一 A breach of contract claim cannot give rise to a damages award so substantial that it results in economic waste. If a breach is merely incidental to the main purpose of the contract, and the economic benefit that would result from full performance would be grossly disproportionate to the cost of performance, damages may be limited to the diminution in value to the premises due to the non-performance.

Parker v. Twentieth Century-Fox Film Corp. 一 The measure of damages for wrongful discharge is the salary that the employee would have earned, minus the amount that the employer affirmatively proves that the employee has earned or with reasonable effort might have earned from other employment. However, the employer must show that the other employment was comparable or substantially similar to the job from which the employee was discharged.

R.R. Donnelley & Sons Co. v. Vanguard Transp. Systems, Inc. 一 A non-breaching party’s duty to mitigate damages is suspended when they reasonably rely upon the breaching party’s assurances that they would correct the issue. When reliance is not reasonable, a non-breaching party retains their duty to mitigate, even though the breaching party could conceivably cure the breach.

Hadley v. Baxendale 一 Damages for breach of contract may be any damages naturally arising from the breach or any damages that the parties could have reasonably contemplated at the time when the contract was made.

Manouchehri v. Heim 一 The measure of direct damages for breach of warranty is the difference between the value of the goods as warranted and the value of the goods actually delivered. This value may reasonably be approximated by the cost to repair the goods. In instances in which goods are irreparable or non-replaceable, a court may use other proper grounds to approximate the value.

This outline has been compiled by the Justia team for solely educational purposes and should not be treated as an independent source of legal authority or a summary of the current state of the law. Students should use this outline as a supplement rather than a substitute for course-specific outlines.

Last reviewed August 2023

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Legal precedents play an important role in decision-making and aids the judicial officers in referring to similar case laws, ultimately saving time and scrutinizing results. And of course, it’s usually a research paralegal or associate tasked with a case law study and discovery concerning a legal matter. This case-building work takes thorough research, where paralegals or associates comb through law books, legal databases, and case law statutes in both physical and digital form. Researching large databases can understandably be a tedious job, but with the most practical case law research tools these tasks can be simplified.

Legal precedent example

In Kudlacik v Johnnys Shawnee Inc , it was observed that once a legal principle has been established by a court, as per the doctrine of stare decisis , it will typically be upheld by the same court when the same legal issue is brought up in consecutive instances, and in all courts of lower rank.

So what transpired? The Supreme Court upheld a district court’s decision to dismiss the plaintiff’s lawsuit against the defendants (two commercial drinking establishments) for injuries sustained in a collision with a vehicle whose driver had consumed alcoholic beverages at the defendants’ establishments prior to the collision.

On appeal, the plaintiff urged the Supreme Court to re-examine the district court’s case law shielding commercial drinking facilities from liability for the wrongs perpetrated by their inebriated customers. The Supreme Court upheld the district court’s ruling after restating the common law in accordance with the stare decisis principle, ruling:

• This court declines to overturn Ling v. Jan’s Liquors, 703 P.2d 731 (Kan. 1985), and the plaintiff failed to state a claim for negligence; and
• Plaintiff failed to state a claim for aiding and abetting under Restatement (Second) of Torts.

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How to use case law as a precedent in a report

Legal reports are typically prepared in one of two ways: in a straightforward, neutral-explanatory tone or in a more persuasive manner.

Include basic elements of a brief

Though writing styles and document templates differ, a report should contain:

• A brief description of the issue that is to be explained in detail further with a simple resolution;
• A statement of facts at hand;
• A comparative study drawn analytically with the facts and the issue concerning the laws;
• A conclusion to the issue, its facts, and its legal analysis.

Align facts and legal issues

Legal precedents are when a case’s circumstances and legal requirements match those of a contemporary legal dispute; unless a party can demonstrate that it was incorrectly resolved or that it differed materially, the precedent will typically govern the outcome of a later similar case.

For judges, it is important to discern the “ratio decidendi,” or the grounds for the decisions taken in previous cases, to apply the precedents stated in a report. In cases where the reasoning is similar enough to lead to the same or similar conclusion, it is the reasons—and nothing else—that “link” subsequent cases.

Additional citations and considerations

When reviewing law reports to cite valid case law it is important for lawyers, paralegals, and students to understand the significance of learning how to navigate and analyze a law report swiftly. The judgment is only one part of a legal report. It starts off with the names of the parties, the hearing date, the judge or judges’ names, and, typically, the court. The headnote includes a summary of the relevant facts and the judge’s decision, followed by catchwords and indexing terms. While working on the report, it is important to ascertain the precedents referred to in drawing the conclusion and upon whom the decision has been relied upon.

Following are the points to be kept in mind while citing case law and constructing a reliable report:

• Write in simple and standard legal language
• Use short sentences
• Employ fewer jargons
• Follow the IRAC Method (Issue, Reasoning, Analysis, and Conclusion)
• Create sub-topics to improve readability
• Maintain the flow of the report

Final thoughts on precedents

It’s often challenging to determine what “the law” is in any given legal situation. In order to determine the actual law that applies to your case, you may need to compare many different instances to the particular facts of your case.

Do you know the laws and rules that apply to your case? Have you located a case or cases from the past that have similar facts and legal issues to yours? Finding a case that is on point or similar enough demands a lot of time and cumbersome research. If that’s where you find yourself today, request a free trial of Westlaw Precision to drastically streamline your case law research or try Practical Law to get access to thousands of expert-written how-to guides, forms, templates, checklists, and more across all major practice areas today.

The content appearing on this website is not intended as, and shall not be relied upon as, legal advice. It is general in nature and may not reflect all recent legal developments. Thomson Reuters is not a law firm and an attorney-client relationship is not formed through your use of this website. You should consult with qualified legal counsel before acting on any content found on this website.  

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In the UK legal system , case law plays a critical role in guiding decisions and setting precedents in various legal matters. The concept of case law can be complex, but understanding its definition, significance, and its relationship with legislation is vital for anyone with an interest in the field of law. By examining different types of case law and their historical context, as well as differentiating between case law and common law , you can gain a deeper understanding of the role that case law plays in shaping legal principles . This article will delve into these subjects, providing insights and examples that will illuminate these important aspects of the UK legal system .

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Understanding Case Law in the UK Legal System

Case law definition: what it means.

Case law refers to the collection of legal decisions made by judges in courts, which interpret statutes, regulations and previous case decisions. These decisions create a body of law known as a precedent that future cases must follow.

• Judicial decisions: Case law is established when a judge makes a decision on a specific legal issue.
• Precedent: Once a decision is made, it becomes a precedent that lower courts are obliged to follow.
• Hierarchy of courts: The UK has a hierarchy of courts, with the Supreme Court at the top and various lower courts, such as the High Court. Higher courts have the authority to make decisions that are binding on lower courts.

Importance of Case Law in the UK Legal System

• It supplements legislation: When legislation is ambiguous or silent on a particular issue, case law can fill in the gaps by interpreting the legislation and providing guidance.
• It promotes consistency and fairness: By following precedent, similar cases are decided consistently, making the legal system more predictable and ensuring that individuals are treated fairly and equally.
• It allows for legal development: Case law allows the law to adapt and develop over time, as judges can reinterpret legislation and apply it to new situations or technological advancements.

The doctrine of precedent also enables an effective system of checks and balances. For instance, if a court's decision is thought to be incorrect, it can be appealed to a higher court. The higher court can then reconsider the decision and either affirm, reverse, or modify it, providing a safeguard against erroneous decisions.

Relationship between Case Law and Legislation

• Statutory interpretation: Judges interpret legislation and apply it to the facts of the case before them. In doing so, the judge may have to decide on the meaning of a specific word or phrase in the legislation. This interpretation then becomes part of the case law.
• Legal development: When judges make decisions in cases where there is no controlling legislation, they may create new legal principles or expand upon existing ones. These new principles can later be incorporated into legislation by Parliament.
• Parliamentary response: Parliament may respond to case law by passing new legislation or amending existing legislation to clarify a legal issue, overrule an undesirable precedent, or address a new situation not previously covered by the law.

An example of the interaction between case law and legislation can be seen in the development of the law on unfair contract terms. Judicial decisions initially established that certain terms could be deemed unfair and unenforceable in court. Later, Parliament enacted the Unfair Contract Terms Act 1977 to provide a statutory framework for identifying and regulating unfair contract terms, influenced by the principles established in case law.

In conclusion, case law is a crucial aspect of the UK legal system, providing guidance in interpreting legislation, promoting fairness and consistency, and allowing the law to adapt to new situations. Understanding the relationship between case law and legislation is vital for a comprehensive grasp of the UK legal system.

Examining Different Types of Case Law

Case law examples and precedents.

• Binding precedent: A binding precedent is a decision from a higher court that must be followed by lower courts in the same jurisdiction. Binding precedents are created when a court makes a decision on a specific legal issue, establishing a rule that must be followed in future cases with similar facts.
• Persuasive precedent: A persuasive precedent is a decision from a court that is not binding on the court hearing a current case but can still be considered and may influence the decision. Persuasive precedents usually come from lower courts, foreign courts or from dissenting judgments within a higher court.
• Overruling: Overruling occurs when a higher court changes the legal rule established by a lower court's decision. The new rule replaces the old rule and must be followed in future cases.
• Distinguishing: Distinguishing occurs when a court identifies relevant differences in the facts or legal issues between a current case and a prior binding precedent. The court then decides that because of these differences, the binding precedent does not apply to the current case.

Example 1 (Binding Precedent): In the UK, the decision of the House of Lords in Donoghue v Stevenson (1932) established the principle of negligence and the "neighbour" test. This decision is a binding precedent, meaning lower courts must apply this principle in negligence cases.

Example 2 (Persuasive Precedent): In R v R (1991), the House of Lords recognized marital rape as a crime in English law. Although this decision is a binding precedent in England and Wales, it served as a persuasive precedent for courts in other jurisdictions such as Scotland, which later incorporated the ruling into their own law.

Example 3 (Overruling): The case of Pepper v Hart (1993) overruled the previous rule that restricted courts from referring to parliamentary materials to aid in statutory interpretation. The new rule allows courts to consider parliamentary debates and other materials to better understand ambiguous legislation.

Example 4 (Distinguishing): In R v Kingston (1994), the court distinguished its decision from the binding precedent of R v Sangha (1988). The court held that while involuntary intoxication could not be a defence for specific intent crimes, it could be a defence for basic intent crimes, based on the distinction between the two types of intent.

Famous Case Laws in UK History

• Carlill v Carbolic Smoke Ball Co (1893): This case established the requirements of offer and acceptance in contract law and the concept of "unilateral contracts." The court held that the company's advertisement was a valid offer, and by using the Carbolic Smoke Ball as directed, Mrs. Carlill had accepted the offer and was entitled to the promised cash reward.
• Donoghue v Stevenson (1932): As mentioned earlier, this case established the principle of negligence and the "neighbour test," laying the foundation for modern tort law . The court held that a duty of care existed between the ginger beer manufacturer and the ultimate consumer, even though there was no direct contract between the parties.
• R v Dudley and Stephens (1884): This case addressed the defence of necessity in criminal law, confirming that it could not be applied to justify murder. The court held that although the defendants were in a desperate situation, they could not escape liability for killing and eating a cabin boy to save their own lives.
• Entick v Carrington (1765): This case established the principle that government officials, such as the king's messengers, were not above the law and could be held liable for violating an individual's rights. This decision was instrumental in the development of modern principles of privacy and the rule of law.

Differentiating Case Law and Common Law

Case law vs common law: key differences and similarities.

Case law, also known as judge-made law or precedent, refers to the body of law established through the decisions made by judges in individual cases. These decisions serve as guidelines for the interpretation and application of legislation and principles in future cases that have similar facts or legal issues.

Common law, on the other hand, refers to an entire legal system that originated in medieval England and has since evolved over centuries. Common law is based on the principles and practices that have been developed through judicial decisions, as opposed to statutory or written law enacted by legislatures, such as Parliament or delegated legislation .

• Scope: Case law is a component of common law, but it does not encompass the entire body of common law. While case law refers specifically to the precedent set by judicial decisions, common law includes principles and practices developed through those decisions, as well as customary norms and legal traditions.
• Authority: In the context of common law, case law serves as the primary source of authority and guidance for decision-making in courts. It establishes binding and persuasive precedents that judges must follow or consider in their rulings. However, common law principles and rules themselves may be derived from a range of sources, including judge-made law, legal texts, customs, and conventions.
• Evolution: Case law evolves continuously through the decisions of judges, while common law is a more stable system that evolves gradually over time. When judges encounter new scenarios or legal issues, they may create new precedents, which can then be integrated into the common law system.
• Interdependence: Case law and common law are fundamentally interlinked, as case law serves as the primary mechanism through which the common law system develops and adapts to new situations. Additionally, both are essential for understanding and interpreting the law within the United Kingdom.
• Precedent: A key aspect of both case law and common law is the doctrine of precedent , or stare decisis. This principle holds that judges should follow the decisions made by higher courts in cases with similar facts, thereby ensuring consistency and predictability in the application of the law.
• Judicial interpretation: In both case law and common law, judges play a crucial role in interpreting legal principles and applying them to the facts of individual cases. Their interpretations and decisions shape the development of the law and can have a lasting impact on future cases.

The Role of Case Law in Shaping Common Law Principles

• Establishing new principles: When judges decide cases involving novel legal issues or uncharted territories, their decisions can create new common law principles. These principles then become part of the common law and serve as a foundation for future cases.
• Adapting to societal changes: As societal norms and values evolve, case law allows the common law system to be flexible and responsive to these changes. Judges can reinterpret existing principles or create new rules to better address the needs and expectations of contemporary society.
• Resolving ambiguities: In situations where legislation is unclear or silent on a particular issue, case law can provide clarity by interpreting the legislation in light of common law principles. This interpretive process helps to harmonize statutory law with the broader common law system.
• Refining legal concepts: Case law can refine existing common law principles, through judgments that provide detailed analyses and nuanced interpretations of legal concepts. These refined principles are then incorporated back into the common law system, further enhancing its coherence and consistency.

Case Law - Key takeaways

Case law definition: Collection of legal decisions made by judges, interpreting statutes, regulations, and previous case decisions to create precedent for future cases.

Importance in UK legal system: Supplements legislation, promotes consistency and fairness, and allows for legal development.

Case law vs common law: Case law is a component of common law, specifically referring to judicial decisions and precedents, while common law encompasses a wider range of legal principles and practices.

Relationship between case law and legislation: Includes statutory interpretation, legal development, and parliamentary response.

Famous case law examples: Carlill v Carbolic Smoke Ball Co (1893), Donoghue v Stevenson (1932), R v Dudley and Stephens (1884), and Entick v Carrington (1765).

Frequently Asked Questions about Case Law

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Case law refers to the collection of legal decisions made by judges in courts, which interpret statutes, regulations and previous case decisions, creating a body of law known as precedent that future cases must follow.

Case law is important because it supplements legislation, promotes consistency and fairness, and allows for legal development through judicial decisions and the creation of precedents.

Stare decisis is the principle that decisions made by higher courts are binding on lower courts, ensuring consistency, stability, and predictability within the legal system.

How does case law interact with legislation in the UK legal system?

Case law interacts with legislation through statutory interpretation, legal development (where judges create new legal principles or expand existing ones), and parliamentary response to case law (by passing new legislation or amending existing legislation).

What is the hierarchy of courts in the UK legal system?

The hierarchy of courts in the UK includes the Supreme Court at the top and various lower courts, such as the High Court, where higher courts have the authority to make decisions that are binding on lower courts.

What is a binding precedent in case law?

A binding precedent is a decision from a higher court that must be followed by lower courts in the same jurisdiction, establishing a rule that must be followed in future cases with similar facts.

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Europe: European Court of Human Rights sets vital precedent with ruling in landmark climate case

Reacting to rulings today by the European Court of Human Rights (ECtHR) on three landmark climate cases, involving older Swiss women, six young Portuguese people, and a former French mayor and member of the European Parliament, Mandi Mudarikwa, Amnesty International’s Head of Strategic Litigation, said:

“The ECtHR has set a vital and historic precedent today with its ruling in the case involving the Swiss women by finding that the Swiss government had failed to comply with its duties under the European Convention concerning climate change, including failing to set clear limits on greenhouse gas emissions and not meeting its past greenhouse gas emission reduction targets.”

“The determination and tenacity of the applicants in all three cases seeking climate justice through courts was both remarkable and encouraging. We especially recognize the courage of the young people involved as they looked to protect not only their future but the future of generations to come.

The ECtHR’s ruling sends a powerful message to policymakers in European countries that states must intensify their efforts to combat climate change. Mandi Mudarikwa, Amnesty International’s Head of Strategic Litigation

“The Swiss case ruling strengthens legal pathways to achieving climate justice through the ECtHR. It is hugely significant that the ECtHR recognized the harm caused to the applicants by climate change and that the Swiss government was doing too little to curb greenhouse gas emissions and adequately protect them.

“The ECtHR’s ruling sends a powerful message to policymakers in European countries that states must intensify their efforts to combat climate change. We note that the decisions of the ECtHR to dismiss the other two other climate-related cases was based on procedural considerations, rather than on the respective merits of each case.

“Strategic litigation can help to deliver climate justice and protect the rights of billions from global warming, especially the most marginalized, and will yield benefits – as we have witnessed today with the Swiss case.”

The ECtHR ruled on three climate cases. In Klimaseniorinnen Schweiz and Others v Switzerland , a group representing more than 2,500 older Swiss women argued that their government’s failure to adequately mitigate global warming violated their human rights to health and life and puts them at risk of dying during heatwaves.

In Duarte Agostinho and Others v Portugal and 31 Other States six young Portuguese people argued that countries bound by the European Convention on Human Rights — the 27 EU states, as well as the United Kingdom, Switzerland, Norway, Russia and Turkey — had infringed several human rights after heatwaves and forest fires closed down their schools and risked their health. Amnesty International submitted a joint third-party intervention in the case on the obligation on governments to create climate policies which protect the rights of people outside their borders.

In the third case, Damien Carême, a former mayor of Grande-Synthe, a suburb of Dunkirk in northern France, argued that the French government has neglected its obligation to protect life by failing to take sufficient steps to prevent climate change and therefore heightening the risk of future flooding in the area.

The right to a clean, healthy and sustainable environment was universally recognized by the UN General Assembly in 2022. Amnesty International is part of a coalition calling for the adoption of an additional protocol on the right to the European Convention on Human Rights which would help reinforce and clarify the ECtHR’s jurisprudence on environmental protection, including climate change. Summaries of today’s rulings can be accessed here .

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Don’t Overlook the Power of the Civil Cases Against Donald Trump

By David Lat and Zachary B. Shemtob

Mr. Lat writes about the legal profession. Mr. Shemtob is a lawyer.

For months now, the country has been riveted by the four criminal cases against Donald Trump: the New York state case involving hush-money payments to an adult film star, the federal case involving classified documents, the Georgia election-interference case and the federal election-interference case. But some have been postponed or had important deadlines delayed. The only case with a realistic shot of producing a verdict before the election, the New York case, involves relatively minor charges of falsifying business records that are unlikely to result in any significant prison time . None of the other three are likely to be resolved before November.

It’s only the civil courts that have rendered judgments on Mr. Trump. In the first two months of 2024, Mr. Trump was hit with more than half a billion dollars in judgments in civil cases — around $450 million in the civil fraud case brought by the New York attorney general, Letitia James, and $83.3 million in the defamation case brought by the writer E. Jean Carroll.

For Trump opponents who want to see him behind bars, even a half-billion-dollar hit to his wallet might not carry the same satisfaction. But if, as Jonathan Mahler suggested in 2020, “visions of Donald Trump in an orange jumpsuit” turn out to be “more fantasy than reality,” civil justice has already shown itself to be a valuable tool for keeping him in check — and it may ultimately prove more successful in the long run at reining him in.

The legal system is not a monolith but a collection of different, interrelated systems. Although not as heralded as the criminal cases against Mr. Trump, civil suits have proved effective in imposing some measure of accountability on him, in situations where criminal prosecution might be too delayed, divisive or damaging to the law.

To understand why the civil system has been so successful against Mr. Trump, it’s important to understand some differences between civil and criminal justice. Civil actions have a lower standard of proof than criminal ones. In the civil fraud case, Justice Arthur Engoron applied a “ preponderance of the evidence ” standard, which required the attorney general to prove that it was more likely than not that Mr. Trump committed fraud. (Criminal cases require a jury or judge to decide beyond a reasonable doubt that the defendant committed a crime, a far higher standard.) As a result, it is much easier for those suing Mr. Trump in civil court to obtain favorable judgments.

These judgments can help — and already are helping — curb Mr. Trump’s behavior. Since Justice Engoron’s judgment in the civil fraud case, the monitor assigned to watch over the Trump Organization, the former federal judge Barbara Jones, has already identified deficiencies in the company’s financial reporting. After the second jury verdict in Ms. Carroll’s favor, Mr. Trump did not immediately return to attacking her, as he did in the past. (He remained relatively silent about her for several weeks before lashing out again in March.)

Returning to the White House will not insulate Mr. Trump from the consequences of civil litigation. As president, he could direct his attorney general to dismiss federal criminal charges against him or even attempt to pardon himself if convicted. He cannot do either with civil cases, which can proceed even against presidents. (In Clinton v. Jones , the Supreme Court held that a sitting president has no immunity from civil litigation for acts done before taking office and unrelated to the office. And as recently as December, the U.S. Court of Appeals for the District of Columbia Circuit made clear that even if the challenged acts took place during his presidency, when the president “acts in an unofficial, private capacity, he is subject to civil suits like any private citizen.”)

It may also be difficult for Mr. Trump to avoid the most serious penalties in a civil case. To appeal both recent civil judgments, Mr. Trump must come up with hundreds of millions of dollars in cash or secure a bond from an outside company. Although he managed to post a $91.6 million bond in the Carroll case, he initially encountered what his lawyers described as “ insurmountable difficulties ” in securing the half-billion-dollar bond he was originally ordered to post in the civil fraud case. An appeals court order last week cut that bond to $175 million — but if Mr. Trump cannot post this bond, Ms. James can start enforcing her judgment by seizing his beloved real estate or freezing his bank accounts. And even though it appears that he will be able to post the reduced bond, the damage done to his cash position and liquidity poses a significant threat to and limitation on his business operations.

Furthermore, through civil litigation, we could one day learn more about the inner workings of the Trump empire. Civil cases allow for broader discovery than criminal cases do. Ms. James, for instance, was able to investigate Mr. Trump’s businesses for almost three years before filing suit. And in the Carroll cases, Mr. Trump had to sit for depositions — an experience he seemed not to enjoy, according to Ms. Carroll’s attorney. There is no equivalent pretrial process in the criminal context, where defendants enjoy greater protections — most notably, the Fifth Amendment privilege against self-incrimination.

Finally, civil cases generally have fewer externalities or unintended consequences. There are typically not as many constitutional issues to navigate and less risk of the prosecution appearing political. As a result, civil cases may be less divisive for the nation. Considering the extreme political polarization in the United States right now, which the presidential election will probably only exacerbate, this advantage should not be underestimated.

David Lat ( @DavidLat ), a former federal law clerk and prosecutor, writes Original Jurisdiction , a newsletter about law and the legal profession. Zachary B. Shemtob is a former federal law clerk and practicing lawyer.

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

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An earlier version of this article misstated Arthur Engoron’s title. He is a justice on the New York State Supreme Court, not a judge.

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Valenti v Metropolitan Transp. Auth.

Kazmierczuk & McGrath, Forrest Hills (Katherine Marie McGrath of counsel), for David Charles, Lena Douglas and Ryan Douglas, appellants-respondents.

Fortunato & Fortunato, PLLC, Brooklyn (Louis A. Badolato of counsel), for Jason Lawrence, appellant-respondent.

Newman Meyers Kreines Harris, P.C., New York (Charles W. Kreines of counsel), for Village Dock Inc., and Luis Eduardo Mendoza, respondents-appellants.

Kaufman Borgeest & Ryan LLP, Valhalla (Lisa Fleischmann of counsel), for Building Materials Corporation of America and James T. Smith, respondents-appellants.

Shien Johnson, P.C., Melville (Steven Johnson of counsel), for The Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority and MTA Bridges and Tunnels, respondents.

Cullen and Dykman, LLP, New York (Paul Plush of counsel), for American Bridge Company, respondent.

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered on or about December 21, 2020, which, to the extent appealed from as limited by the briefs, granted the motions of defendants The Metropolitan Transportation Authority (MTA) and Triborough Bridge and Tunnel Authority (TBTA) and third-party defendant American Bridge Company for summary judgment dismissing plaintiffs' Labor Law §§ 200 and 241(6) claims, denied plaintiff Jason Lawrence's motion for summary judgment on his claim that he suffered a serious injury under the No-Fault Law threshold category of 90 out of 180 days, granted American Bridge's motion for summary judgment dismissing Lawrence's 90/180-day claim, and granted plaintiffs' motions for summary judgment on liability as against defendants Luis Eduardo Mendoza and Village Dock, Inc., unanimously modified, on the law, to deny American Bridge's motion for summary judgment dismissing Lawrence's 90/180-day claim, to deny plaintiffs' motions for summary judgment on liability as against Mendoza and Village Dock, and otherwise affirmed, without costs.

The court properly dismissed plaintiff's Labor Law § 200 claims against TBTA and MTA because those entities did not supervise or control the means and methods of the drop-off procedures for workers at the Throgs Neck Bridge, which was left to the general contractor American Bridge (see Delaney v City of New York, 78 AD3d 540, 541 [1st Dept 2010]). The presence of a TBTA officer whose job was to ensure that the workers being transported were identified as being on the appropriate lists and to open secure areas of the work site, as needed, is insufficient evidence of control and supervision. The court also correctly dismissed plaintiffs' Labor Law § 241(6) claim, as Industrial Code (12 NYCRR) § 23-1.29, is not applicable to the facts here. While the drop-off area might have been part of the larger work site, it was not plaintiffs' work area, and thus that provision does not apply (see James v Alpha Painting & Constr. Co., Inc., 152 AD3d 447 [1st Dept 2017]; compare Bucci v City of New York, 223 AD3d 453, 2024 NY Slip Op 00124 [1st Dept 2024]).

The court should not have dismissed plaintiff Lawrence's claim that he suffered an injury that prevented him from performing his usual and customary daily activities for not less than 90 out of 180 days. Lawrence did not return to work after the accident, and his treating physicians averred to those injuries caused by the motor vehicle accident resulting in his disability during the relevant time frame (see Massillon v Regalado, 176 AD3d 600, 602 [1st Dept 2019]; Lazzari v Qualcon Constr., LLC, 162 AD3d 440, 441 [1st Dept 2018]; Taylor v Delgado, 154 AD3d 620, 621 [1st Dept 2017]). Lawrence is not, however, entitled to summary judgment on that claim as defendants' experts raised questions of fact as to the extent of plaintiff's disability during the relevant time period.

Plaintiffs are not entitled to summary judgment against defendants [*2]Mendoza and Village Dock on collateral estoppel grounds, the ground enumerated in their notices of motion. Mendoza's plea of guilty to a Vehicle and Traffic Law § 1128(a) offense is evidence of negligence, but it is not conclusive and does not bar him or his employer from contesting liability here in this civil action (see Handelsman v Llewellyn, 180 AD3d 580, 580 [1st Dept 2020]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: April 11, 2024

NY Labor Law Sec. 200 and 241(6) precludes claims against an entity or entities that exercised no control or supervision over procedures for workers injured in a specific work area or work zone not in the general work site area

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