SHORT NOTES - CASE LAW TECHNIQUE

CASE LAW TECHNIQUE

 

 1. Ratio Decidendi

 

 Meaning: “Reason for the decision”; the legal principle essential to the judgment.

 Importance: Forms binding precedent for lower courts.

 Purpose of doctrine of precedent: Similar material facts → similar decisions.

  (Not all facts must be identical, only the legally material ones.)

 Ratio = Material facts + Court’s decision.

 Example of identifying material facts:

 

   Irrelevant facts: claimant’s appearance, day of accident, etc.

   Relevant facts: negligent driving + injury caused.

 Formula:

  If Case 1: Facts B & C → Conclusion X

  Then Case 2: If Facts B & C exist → Must reach Conclusion X.

 Case examples:

 

   Wilkinson v Downton (1897) created ratio → Anyone who deliberately performs an act likely to cause physical harm is liable in tort.

   Janvier v Sweeney (1919) applied this same ratio because facts were similar.

 

 2. Obiter Dictum

 

 Meaning: A judge’s remark “by the way,” not essential to the decision.

 Not binding but may be persuasive, depending on:

 

   Judge’s reputation

   Court’s level

   Context

 Example:

  In Wilkinson v Downton, the judge discussed whether damages could be claimed for deceit.

 

   This discussion was not the basis of the decision → obiter dictum.

 

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 3. How Much of a Case to Remember?

 

 Don’t memorize every detail of the facts.

 Remember:

 

  1. (2) Important (material) facts

  2. (3) The ratio decidendi

 Don’t remember:

 

   (1) All facts of the case — unnecessary and time-wasting.

 

 

 4. Divergent Opinions

 

 Sometimes judges in higher courts (like House of Lords, now Supreme Court) give different opinions.

 This makes finding the ratio difficult.

 If no clear majority reasoning:

 

   Ratio = material facts supported by majority votes of the judges.

 Court of Appeal often gives one single judgment to avoid confusion.

 

 

 5. Hierarchy of Authority

 

 Binding force depends on the rank of the deciding court.

 Higher courts bind lower courts.

 Some courts (like Court of Appeal) may bind themselves.

 Reversal vs. Overruling:

 

   Reversal: Same case is overturned on appeal.

   Overruling: Higher court says a previous lower court decision was wrong.

 

 

 6. Factors Affecting Weight of a Decision

 

 Authority of a decision increases if:

 

   Decided by highly respected judges.

   Decided by a large panel of judges.

   Judgment was reserved (C.A.V. — court took time to consider).

   Case has been followed repeatedly.

   Case has shaped commercial or property expectations.

 Long-established precedents are harder to overturn.

 A very recent precedent may appear unstable if changed quickly.

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