Courts reinterpreted precedents at the cost of fair warning to parties
Evidence
Put negatively, didthe grounds of the decision give the Buick Motor Company a basis for a claim of unfair surprise, or any other basis of just complaint? … Assuming that the rule of law which the decision announced as a sound one, was it a rule which ought to have been laid down by the legislature rather than by the court? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2156
Categorization
- XREF: connects to: Stated precedent rules often fail to determine later case outcomes — Burton, Steven J, An Introduction to Law and Legal…, 216; Courts may retroactively invalidate conduct though litigants often dispute it — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2861
Broader Connections
- Stated precedent rules often fail to determine later case outcomes
#corroborates(0.75) — Burton, Steven J, An Introduction to Law and Legal…, 216 - Courts may retroactively invalidate conduct though litigants often dispute it
#complicates(0.72) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2861