81,788
edits
Obiter dictum: Difference between revisions
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 1: | Line 1: | ||
{{g}}An [[obiter dictum]] is literally a “statement made in passing”; tossed off, as it were, by a court ''en route'' to a different a legal determination (a “[[ratio decidendi]]”). | {{g}}An [[obiter dictum]] is literally a “statement made in passing”; tossed off, as it were, by a court ''en route'' to a different a legal determination (a “[[ratio decidendi]]”) about something else. | ||
A chance remark; a passing observation; a ''bon mot'' not entirely on point to the matter at hand but which, if not strictly [[precedent|binding]] on a subsequently convened lower court, is apt to make it swoon with admiration all the same. | A chance remark; a passing observation; a ''bon mot'', not entirely on point to the matter at hand but which, if not strictly [[precedent|binding]] on a subsequently-convened lower court, is apt to make it swoon with admiration all the same. | ||
Perhaps the most famous [[obiter dictum]] of all times was that made by a young High Court judge sitting in the [[King’s Bench Division]] by the name of Denning, {{casenote|Central London Property Trust Ltd|High Trees House Ltd}}, which gave rise to the modern law of [[promissory estoppel]]. | Perhaps the most famous [[obiter dictum]] of all times was that made by a young High Court judge sitting in the [[King’s Bench Division]] by the name of Denning, {{casenote|Central London Property Trust Ltd|High Trees House Ltd}}, which gave rise to the modern law of [[promissory estoppel]]. | ||