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The inferior courts aren’t bound by the own decisions as they cannot create precedent. The mischief Rule utilizes common law to ascertain the method by which the statute is interpreted. Having said that it has to be mentioned that the definition of recklessness varies in various offences.

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Generally speaking, all applicants are judged on their personal merits. Therefore implementing a broader reach of liability to omissions could result in unfair labelling. Different legal theorists have various approaches towards the idea of Rule of Law.

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