| Precedents | Declaratory—evidence of old law. |
| Original—sources of new law. |
| The declaratory theory of precedent. |
| Precedents | Authoritative. |
| Foreign decisions. |
| Persuasive | Decisions in other parts of the Empire. |
| Privy Council decisions. |
| Judicial dicta. |
| Precedents | Absolutely authoritative | Decisions of superior Court. |
| Decisions of House of Lords. |
| Decisions of Court of Appeal. |
| Conditionally authoritative—All others. |
| Conditions of the disregard of a precedent. |
| 1. Decisions erroneous | Contrary to law. |
| Unreasonable. |
| 2. Rejection of it not mischievous as unsettling the law. |
| Effect of lapse of time on precedents. |
| Distinction between overruling and refusing to follow. |
| Precedents constitutive and not abrogative. |
| Qualifications of the rule. |
| Ground of the authority of precedent. |
| The progressive transformation of fact into law. |
| Rationes decidendi. |
| The determination of questions on principle and on authority. |
| Judicial dicta contrasted with judicial decisions. |
| Sources of judicial principles. |
| Respective functions of judge and jury. |