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Hi
In your lectures is talks about Ratio Decidendi and that Ratio is binding on future judges in similar cases.
However, when completing the practice questions, the question was:
Which part of the courts decision is binding on later similar cases?
The answer was Ultra Vires and not Ratio Decidendi.I have nothing in the notes on Ultra Vires so wondered if you could explain?
Thanks
Which question was it? If it was the same question that others have asked as a query on one of the test questions where the answer was incorrectly identified and the correct answer should be ‘ratio decidendi’, then if you read the thread under that test you will see that I have responded on more than one occasion and indicated that a correction is already in the pipeline
If yours is not the same question, please let me know which question it is
You mention that you have nothing in the notes concerning ultra vires
Yes you have! Ultra vires literally means ‘Beyond the powers’ and the expression is applicable in the context of agents and particularly directors that act beyond the limits of their authority
OK?
Hi Mike
The question was no. 2 in the Chapter 1 questions.
Thank you for confirming it should be ration decidendi – I cannot find past questions that raised this.With regards to me stating ultra vires was not in the notes, I was referring to chapter 1 notes, as the questions were based on this chapter.
I have not reached the chapter regarding agents and directors.
It makes sense that I would not know the term by chapter 1, now I know the answer was incorrect.Thanks
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