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CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law

In a dispute, a High Court judge relies on a statement that was only a passing remark on a point not necessary for deciding the earlier case. How is such a statement classified in the law of precedent?

Such a passing remark, not necessary for deciding the earlier case, is an obiter dictum. It has only persuasive value and does not bind later courts, unlike the ratio decidendi, which is the reasoning essential to the decision.

  1. ARatio decidendi, binding on all lower courts
  2. BObiter dictum, which has only persuasive valueCorrect
  3. CPer incuriam ruling, which is void
  4. DSub silentio ruling, which is binding for ever

Explanation

A remark not necessary to decide the case is an obiter dictum. It may be persuasive and respected, but it does not bind. Ratio decidendi is the principle essential to the decision, which is what carries binding force.

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