CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
A decision given in ignorance of a relevant statutory provision or of a binding earlier authority is described as given per incuriam. Such a decision:
A decision given per incuriam, in ignorance of a relevant statute or binding authority, loses its binding force as precedent. It is a recognised exception to stare decisis, so later courts need not follow it.
- AIs binding with full force like any other ratio
- BLoses its binding authority as a precedentCorrect
- CBinds only the court that decided it
- DBecomes legislation after one year
Explanation
Per incuriam means through carelessness or ignorance of a binding statute or authority. Such a decision is an exception to stare decisis and does not carry binding force as precedent. It does not become law, and it is not binding even on the deciding court.
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