Ratio decidendi and obiter dicta

Overview

Ratio decidendi, obiter dicta and obiter view that was later overturned.

What you need to know

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Questions from this subtopic

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1. 1

   Define ratio decidendi.

   Model answer

   The ratio decidendi is the legal reasoning essential to the decision reached in the case. Only the ratio is capable of binding a later court.

2. 2

   Define obiter dicta.

   Model answer

   Obiter dicta are statements made by the way that were not essential to the decision. Obiter dicta can be persuasive but never binding.

3. 3

   How did Sir Rupert Cross define the ratio?

   Model answer

   Sir Rupert Cross defined the ratio as any rule of law the judge treated as a necessary step in reaching the conclusion. The definition focuses on the reasoning rather than on the outcome.

4. 4

   What is the ratio of Donoghue v Stevenson [1932]?

   Model answer

   Donoghue v Stevenson [1932] established that a manufacturer owes a duty of care to the ultimate consumer of a product. The absence of any contract between them made no difference.

5. 5

   What is the famous obiter statement in Donoghue v Stevenson [1932]?

   Model answer

   Lord Atkin stated obiter the wider neighbour principle, that a person must take reasonable care to avoid injuring those closely and directly affected by his acts. The principle later became the foundation of the modern law of negligence.

6. 6

   What is the ratio of R v Howe [1987]?

   Model answer

   R v Howe [1987] held that duress is not a defence to a charge of murder. The House of Lords said a defendant must resist a threat rather than take an innocent life.

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