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
Ddisadvantages - mergers and winding up: The disadvantages of s.280 are that cash may have to be provided to pay off creditors and dissenting members or alternatively the sale

Mrs. Rusholme occupied the firm of Saunders and Watts to refinish floors in assured rooms of a home owned by her and her husband in Red Deer, Alberta. She told Mr. Saunders that sh

International Peace and security Pacific settlement of disputes means to resolve disputes to avoid threats to International Peace and security so that such disputes do not beco

What are  the important provisions of the Statute of ICJ Some of the important provisions of the Statute of ICJ are: Article 34 which states that only states and not the in

Explain the sovereign of state immunity Immunity relates to the sovereign of state immunity and act of state doctrine. This is the most complicated immunity available and relat

Compensation for Loss of Office: (a) Section 192 makes it unlawful for a company to make a director any payment by way of compensation for loss of office, or  may as considera

QUESTION 1 Domain names deliver the address of companies on the Internet and are equivalent to the business address in the physical world. As more and more companies utilize th

Duties of Directors: The duties of directors are usually considered under two broad headings, namely- i. Duties of care and skill at common law, and ii. Fiduciary duties

Your task is to examine and analyse the article by Shae McCrystal The Fair Work Act 2009 (Cth) and the Right to Strike. (2009) (December) Vol 23 Australian Journal of Labour Law

Sense of Urgenc: Entrepreneurs have a never-ending sense of urgency to develop their ideas. Inactivity makes them impatient, tense, and uneasy. They thrive on activity and are tir