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
Discuss the importance of Media Media are important to agenda setting in two general ways: First by constructing and conveying simplified and often symbolic understandings of p

QUESTION 1 What are the consequences of a unilateral modification of a contract of employment of indeterminate duration by an employer? QUESTION 2 (a) In what circumsta

Q. What do you mean by Garnishee Orders? The ATO has the power to issue garnishee orders which allow recovery of debts from a person's bank account, wage or from people who owe

1. a.  Read this summary of a journal article about education and the recent uprisings in the Middle b.    Model the decision whether to participate in a rally like our two peri

Q. Show the Cross agency actions ? As already described, the ASIC, ATO and FWO all have responsibilities in investigating and monitoring elements of phoenix activity. This mean

Ben sold clothes at a market stall on weekends for a number of years. Two years ago business was very poor and Ben was forced to cease trading. Ben sold all of his remaining stock

QUESTION The Employment Rights Act provides- No employer shall terminate a worker's agreement for reasons related to the worker's misconduct unless the worker has been affor

The aim of this module is to introduce you to the principles of undertaking social investigative and criminological research and evaluation. You will develop a critical awareness o

Question: State whether the following statements are TRUE, FALSE or UNCERTAIN. Briefly (two or three paragraphs) give reasons for your answer. (a) There are no market fail

Transactions Arising In A Liquidation: In collection in and realisation of assets in order to pay the company's debts and then to distribute any surplus to members the liquida