Ratio decidendi, Business Law and Ethics

Assignment Help:

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.


Related Discussions:- Ratio decidendi

Ethical and professional requirements, It has been said that "auditors cann...

It has been said that "auditors cannot legitimately serve the 'user' public because they are hired and fired by the management of the company being audited. If management does not

Jurisdiction - court of appeal, Jurisdiction - Court of Appeal Howev...

Jurisdiction - Court of Appeal However S.64 (1) of the Constitution gives that the Court of Appeal 'shall have such jurisdiction and the powers in relative to appeals from t

Non-payment of cheques, Non-Payment of Cheques A banker's authority ab...

Non-Payment of Cheques A banker's authority about pay a cheque that will be determined or that terminated through: like; (a) Countermand of payment, below s.75 (a). the Act

Describe the separate streams of problems and policies, Describe the Separa...

Describe the Separate streams of problems and policies The separate streams of problems, policies, and politics each have lives of their own. Problems are recognized an

Goods - sales of goods, Goods - Sales of Goods Even if "goods" like in c...

Goods - Sales of Goods Even if "goods" like in common parlance has like the Act has given the word such technical meaning. Whether it provides like; "goods" consist of "all chat

Distinguish between the concepts of originalism and dynamism, Question 1: ...

Question 1: Discuss the main problems faced by judges when interpreting a piece of legislation. Question 2: A necessary evil': Would you agree with this definition of d

Companys debts, Companys debts: In case a company is unable to pay its...

Companys debts: In case a company is unable to pay its debts the creditors, or a creditor, may petition the High Court for an order to wind it up. During the winding up the me

Define good governance, QUESTION The vision of a modern and efficient Pu...

QUESTION The vision of a modern and efficient Public Service is to ensure good governance and achieve excellence in the delivery of public services (a) Define good governance

Usual business at an annual general meeting, Usual business at an annual ge...

Usual business at an annual general meeting: The registrar is not bound to call or direct the calling of the meeting but, in the event of his refusing to do so, the aggrieved

Consideration must move from the promise - law of contract, Consideration m...

Consideration must move from the promise - Law of Contract Conversely the rule that "consideration must move from the promisee" means such only a person who has personally giv

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd