Question：In 2011, Mr Justice Johns, a High Court judge sitting alone, is deciding a case which has similar material facts to one decided by the Court of Appeal in 1889.

　　He can decline to be bound by this decision by showing that:

　　A. The decision does not accord with the rules of a statute passed in 1890.

　　B. The decision was taken too long ago to be of any relevance.

　　C. The status of the previous court is not such as can bind him.

　　D. The obiter dicta are obscure.

　　The correct answer is: The decision does not accord with the rules of a statute passed in 1890.

　　Statute overrides all other sources of law.

　　Question：A breach of which one of the following types of term automatically entitles the innocent party to repudiate the contract?

　　A. A minor term.

　　B. A warranty.

　　C. A condition.

　　D. An innominate term.

　　The correct answer is: A condition.

　　解析：In order for the innocent party to treat the contract as discharged, the term must go to the heart of the contract, so a warranty and a minor term are both incorrect. Where there is breach of an innominate term, it is up to the court to decide whether the innocent party is entitled to treat the contract as discharged: it is not an automatic right.