This presentation covers key concepts in law including the definition of law, sources of law, precedent, ratio decidendi and obiter dicta. It discusses sources of law in different legal systems like civil law and common law. Precedent establishes principles or rules from prior legal cases that courts use to decide similar future cases. Ratio decidendi is the legal rationale for a decision while obiter dicta are non-binding additional remarks. The difference and advantages/disadvantages of ratio decidendi and obiter dicta are explained through examples.
2. This presentation is all about:
• What law is?
• What are the sources of law?
• What are the sources of law in different nation and source of law in
India?
• What is precedent?
• Types of precedent.
• What is Ratio decidendi?
• Example of Ratio decidendi.
• What is Obiter dicta?
• Example.
• Difference between ratio and obiter dicta.
• Advantage and disadvantage of Ratio decidendi.
• Advantage and disadvantage of Obiter dicta.
• Conclusion.
3. LAW
What is law?
Law is a set of rules that plays an important part in
the creation and maintenance of social order.
Different jurists have given different definition of
law. Few definitions are:
BLACKSTONE: Law in its most general and
comprehensive sense, "is that rule of action which
is prescribed by some superior and which the
inferior is to obey”.
HEGAL: The abstract expression of the general
will existing in and for itself.
AUSTIN: Law is the aggregate of rules set by men
as politically superior, or sovereign, to mend as
political subject. Law is the command of
sovereign.
5. Sources in different legal systems
In civil law systems, the sole source is the appropriate
code, such as the civil code or the criminal code whereas
in common law systems there are several sources that
combine to form “the law”.
Civil law systems often absorb ideas from the common
law and vice-versa. Scotland, for instance, has a hybrid
form of law, as does South Africa, whose law in an
amalgam of common law, civil law and tribal law
National sources
Legislation is the prime source of law and consists in the
declaration of legal rules by a competent authority.
6. PRECEDENT
In common law legal systems, a precedent or
authority is a legal case that establishes a
principle or rule. This principle or rule is then
used by the court or other judicial bodies use
when deciding later cases with similar issues or
facts. ... The Latin term stare decisis is the
doctrine of legal precedent.
PRECEDENT
8. Ratio Decidendi
Ratio decidendi is a legal rule derived from, and
consistent with, those parts of legal reasoning
within a judgment on which the outcome of the
case depends.
It refers to the legal, moral, political and social
principles on which a court's decision rests. It is
the rationale for reaching the decision of a case.
9. Carlill v Carbolic Smoke Ball Co. (1893)
RATIO: Offers must be sufficiently clear to allow the
courts to enforce agreements that follow from them. The
offer here was a distinct promise expressed in language
which is perfectly unmistakable. An offer may be made to
the world at large and the advert was such an offer. It was
accepted by any person, like Mrs. Carlill, who bought the
product and used it in the prescribed manner. Mrs. Carlill
had accepted the offer by her conduct when she did as
she was invited to do, and started to use the smoke ball.
She had not been asked to let the company know that she
was using it.
10. Obiter Dictum
Obiter dicta are additional observations,
remarks, and opinions on other issues made by
the judge. These often explain the court’s
rationale in coming to its decision and, while
they may offer guidance in similar matters in the
future, they are not binding.
In reading a court’s decision, obiter dicta may be
recognized by such words as “introduced by way
of analogy,” or “by way of illustration.”
11. Carlill v Carbolic Smoke Ball Co. (1893)
A company made a product called ‘smoke ball’ to cure influenza. It
published an advertisement claiming that it would pay £100 to
anyone who contracted influenza after using the product. The
plaintiff brought an action against the company on the ground that
she had contracted influenza after using the product. The company
argued that there was no contract, for although it had made an
offer, but the offer was not accepted by the plaintiff. To this, the
judge replied:”If I advertise to the world that my dog is lost, and
that anybody who brings the dog to a particular place will be
paid some money, are all the police or other persons whose
business it is to find lost dogs to be expected to sit down and
write me a note saying that they have accepted my proposal?
Why, of course(not)”. This dog analogy is clearly obiter, as the
case is about Carbolic Smoke Balls, and not about lost dogs.
12. DIFFERENCE BETWEEN RATIO DECIDENDI AND OBITER
DICTUM
DIFFERENCES
Ratio decidendi Obiter dictum
• Ratio decidendi may be
described as rule of law
applied by and acted on by
the court, or the rule which the
court regarded as governing
the case
• It decidendi has binding
authority and is binding on
subordinate courts
• An obiter dicta is a statement
made by a judge in course of his
judgment which may not be
precisely relevant to the issues
before him.
• It has no such authority. It is a
casual expression by the courts
which carries no weight.
13. DIFFERENCES
• The rule of law based on
hypothetical facts are obiter
dicta.
• An obiter dicta is a rule of
law stand by a judge which
was neither expressly or
impliedly treated by him as a
necessary step in reaching
this conclusion.
• According to Goodhart, the
rule of law based on material
facts are ratio decidendi
• Ratio decidendi is a rule of law
expressly or impliedly treated
by the judge as a necessary
step in reaching the conclusion
14. Advantage
Section of judicial reasoning.
Law avers from contemplating anything but
ratio.
RATIO DECIDENDI
Disadvantage
15. Advantage
Explains when arm of prevailing legal
principles is twisted.
Rarely sufficient to convience.
OBITER DICTA
Disadvantage
16. CONCLUSION
The Ratio decidendi is the binding part of a
decision and is the principal of law on which
the decision of a case is based.
The Obiter dictum speculates what the judge
would of decided if the facts of the case had
been different, it may be of persuasive
authority in later case but it is not binding on
future cases.
