A precedent is a legal principle established by a court decision that serves as an example or guide for future decisions in similar cases. Avoiding precedent is important because it allows courts to adapt to changing circumstances and societal values and prevents rigid adherence to outdated or unjust rulings. It also promotes fairness and equal treatment under the law, as judges are not bound to follow previous decisions that may not be applicable to the specific facts of a case.
There are several ways to avoid precedent. One method is to distinguish the facts of the present case from those of the precedent. Another is to argue that the precedent is no longer good law, either because it has been overruled by a higher court or because it is based on outdated legal principles. Finally, it is possible to argue that the precedent should not be applied in the present case due to exceptional circumstances.