-
Obiter dictum (usually used in the plural,
obiter dicta) is a
Latin phrase meaning "said in p****ing", that is, any
remark in a
legal opinion that is "said...
-
other parts of a
judicial opinion, such as
obiter dicta (non-binding
observations or comments). In contrast,
obiter dicta (“something said in p****ing”) refers...
- used by a
court to
compose the
rationale of a
particular judgment.
Unlike obiter dicta, the
ratio decidendi is, as a
general rule,
binding on
courts of lower...
- even p****ed on by the court, but that is not
essential to the decision.
obiter dictum in
Latin means 'something said in p****ing', and
relates to a comment...
-
later case is said to "approve" that
obiter, and the
earlier case may be
marked "approved", "followed", or "
obiter followed". Case law
Opinion Precedent...
- Kent v
Griffiths [2000] 2 All ER 474 is an
English tort law case from the
Court of
Appeal concerning negligence,
particularly the duty of care owed by...
-
Court of
Appeal (Criminal Division). Lord Clarke's
extra words, his thus
obiter judgment – not
concurred nor
dissented in by the rest of the
panel – were...
- would." However, this
constitutes a mere
obiter dictum that had no
impact on the
outcome of the case.
Another obiter dictum of the
Court concerns Article...
- that the
improper purpose must be "causative". He also drew
support from
obiter dictum of Lord
Wilberforce in the
leading case of
Howard Smith Ltd v Ampol...
-
England and Wales. However, the most
significant part of the
judgment is
obiter dictum as it
relates to
hypothetical facts; that is, the
landlord did not...
