Question

Which of the following is incorrect?

• A. Precedents overlook the fundamental rule of natural justice that law must be known before it is actually enforced.
• B. Bentham has recognized precedent as law as it does not lack binding force of the State.
• C. Fredric Pollock says that the law based on case-law is incomplete because the judges take into consideration only those facts which are involved in the cases before them.
• D. All of the above are incorrect

Hint:

Precedents ensure consistency; they do not violate natural justice when properly reported and applied.

Answer 1

The Correct Option is A

Step 1: Understanding precedents.
Precedent-based law operates under the assumption that judicial decisions clarify and develop legal principles, and these are publicly accessible once pronounced.
Step 2: Analysis of options.
(a) Incorrect — precedents do not "overlook" this rule; once given, they are known and applied.
(b) Correct — Bentham acknowledged precedents have legal force.
(c) Correct — Pollock criticized case-law's limited scope.
Hence (a) is the false statement. \[ \boxed{(a)} \]