Ratio decidendi, Business Law and Ethics

Ratio Decidendi

Conversely "ratio decidendi" of a case consists of the material facts of such case and the decision made through the judge on the basis of those facts.  So hence material facts become the basis or "rationale" or like ratio upon that such the judge are to decide (decidendi) the case.  However they constitute, the way in ordinary parlance, the reason, or ground, of the judge's decision and to ensure that decision-making process is the rational one also.

Therefore ratio decidendi of a decided such case constitutes the legal rule, or the principle, just to the decision of future cases with similar material facts.  Thus in other words their decision is a precedent to be followed where deciding such cases.

Posted Date: 1/21/2013 6:43:22 AM | Location : United States

Related Discussions:- Ratio decidendi, Assignment Help, Ask Question on Ratio decidendi, Get Answer, Expert's Help, Ratio decidendi Discussions

Write discussion on Ratio decidendi
Your posts are moderated
Related Questions
QUESTION 1 (a) What are the ways in which a contract may be terminated? (b) Elaborate on two of them QUESTION 2 When do property, risk and title pass in a contract?

Topic: "Imagine yourself in a situation of being encouraged to inflate your expense account. Do you think your choice would be most affected by your individual moral development o

Realization of Auditors: it is a mere truism to say that the value of loans and securities depends on their realization.  We were told that a statement to that effect, is so u

Question 1: Define, distinguish and discuss the limits of each of the following mechanism of Alternative Dispute Resolution, namely; (a) Conciliation; and (b) Negotiation.

District Magistrate's Court - Territorial Jurisdiction Further in Section 7(3) of the Act giving that 'a district magistrate's court shall have jurisdiction all through the di

Relationship of Partners Inter Se Whether various terms are in utilize to denote the different specification of partners.  Then the most central of these terms are like: (

Power to dispense with the word "Limited":                             Although s.5 provides that the last word of the name of a limited company must be "limited" this would n

Delays: However certain standard defences knows as "essoins" caused considerable delay earlier than a case could be heard.  Now for a certain condition like the hearing of a c

Declaration and Payment: There is no provision in the Act dealing with payment of dividends. It is therefore governed by the provisions of the company's articles, failing whic

State Article1of Universal Declaration of Human Rights Article 1: 'All human beings are born free and equal in respect and rights. They are endowed with reason and conscience