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Equity Law, Ratio Decidendi – ACCA Corporate and Business Law (LW) (ENG)

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  1. Hi, this is brilliant, however do these lectures work for September 2024 LW syllabus? – as I understand it we only now have some retained europeon law with the English legal system – will using these lectures mean we are missing information or have incorrect information when taking the exam?

  4. Hi the content is all good but main issue is that the audio quality is very poor. It’s very hard to follow the lectures. And I would suggest to put English subtitle as well to enhance the video quality. And because of the specific accent, the lecturer using it’s quite difficult for me to understand as well. If possible try to speak without an accent.

  5. Hi sir, how are you ?

    I wanted to ask, is obito dicta – the whole summary and transcript of the case. Or the alternate concluding comment or opinion to the decision made by the Judge. “This is my decision (ratio dessidendi) but if the situation was so and so (obito dendi setting in) , I would have made the following decision”.

    Thanks for the free lectures, appreciated.

    • Hi Asif

      When a judge is summarising the case in preparation to announcing his / her verdict, the judge will talk and talk – sometimes for days, depending on how important / complicated the details are – and then, eventually, the judge will make their decision known. Then it’s up to the lawyers / barristers to pick around in that judge’s total words to try to find the kernel, the nub, the essence of the decision.

      And it’s that essence that may possibly be put forward as the binding ratio in a subsequent case with similar facts

      But the ‘other side’s’ barrister in this hypothetical subsequent case may claim that the purported ratio was in fact obiter and the real ratio is something different picked out from the original judge’s wordy summary. So the original judge doesn’t, in the process of reaching a decision, say ‘… and what I’m going to say in the next 3 minutes is the ratio of my decision and all the other stuff that I’ve been saying for the last 9 days of summarising is only obiter dicta’

      The ratio of a decision (and therefore also, by default, the obiter) is proposed by subsequent barristers in subsequent cases in order to try to establish a precedent for their subsequent case (or, equally, to try to dismiss as a proposed ratio some element that they claim was only obiter

      Does that make it any clearer?

  6. Hi Sir,

    I am struggling to comprehend the difference between Reversing and Overruling, I saw you explained overruling the comments already but I was wondering what make it distinct to reversing when both decisions are altered by higher court because the judges think the existing precedent by lower court is not a right precedent..? I am actually lost between the same case and diff case, please help me out.
    Thanks.

  8. First of all thanks helping us, it really means a lot sir, I was just wondering is it enough just to watch the concerned vedios and lectures concluded in this site, to prepare us for official ACCA exam or you are recommending other related lectures.
    Equally important, do your team providing online tuition for ACCA or not. I am new member of this site that’s why I’m asking this.

    • Firstly, welcome to the OpenTuition family – it’s good to have you with us

      We all, without exception, insist that you acquire an up to date revision kit from one of the approved publishers – Kaplan or BPP

      (If you choose to buy a BPP kit, you can take advantage of the 20% discount available if you buy through the OpenTuition site – just click on the yellow box on this page and follow the instructions)

      Hours and hours of endless question practice from a revision kit. Yes, read the notes (2 hours from start to finish)

      Yes, watch the videos, two and maybe three times

      But the key is question practice from a revision kit

      And, whenever you come across a word, phrase, sentence, answer that you don’t understand, post again on the Ask ACCA Tutor page and I shall get back to you

      OK?

  9. Hey mike,

    I’m having a difficult time distinguishing between Reversing and Overruling. I re-watched the bit in the video where you spoke of them multiple times but didn’t really get it.

    Can you rephrase it and make it a tad bit simpler to comprehend?

    Cheers mate,
    Faeq

    • The way I understand it is if a ruling was made on a case and then this case went to a higher court as a matter of appeal. If the higher court disagreed with the outcome they could reverse the decision on this case.

      However if a similar case was brought to a higher court the judges in the case could rule differently to the ratio and not be binded by decision in the lower court of the similar case. In doing so they would overrule the previous decision and not accept the previous precedent created.

      My understanding could be incorrect though.

  10. I enjoyed watching this video. It was very interesting more so with the example of superman. But please I would like to know what does the word “overrule” mean in the context of law and during court hearing. Is it implying that the decision taken is turned down or rejected. Thanks.

  11. I am looking to sit this CBE on September 14th 2019. Will this information be suitable for this exam or is there a change in the syllabus from September 2019 to August 2020?

    Thanks for your help!

    • You’re welcome … but I don’t think that you needed to concern yourself over that. I can’t see haw the pronunciation of a word could be examined in an ACCA Law examination!

      Maybe a 1 mark question?

      “Which is the correct pronunciation of the word ‘decidendi’ in the Latin expression ‘ratio decidendi’?”

      A) deckidendi

      B) dessidendi”

      What do you think? Any chance that that could come up?

      🙂

      • Hi sir, how are you ?

        I wanted to ask, is obito dicta – the whole summary and transcript of the case. Or the alternate concluding comment or opinion to the decision made by the Judge. “This is my decision (ratio dessidendi) but if the situation was so and so (obito dendi setting in) , I would have made the following decision”.

        Thanks for the free lectures, appreciated.

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