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Ratio decidendi

Forums › ACCA Forums › ACCA LW Corporate and Business Law Forums › Ratio decidendi

  • This topic has 1 reply, 2 voices, and was last updated 10 years ago by mrjonbain.
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  • January 9, 2015 at 1:01 am #222145
    stephenmohammed
    Member
    • Topics: 1
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    • ☆

    Please explain with examples. Thank you.

    January 9, 2015 at 6:16 am #222151
    mrjonbain
    Moderator
    • Topics: 6
    • Replies: 2528
    • ☆☆☆☆☆

    Ratio decidendi is the legal basis or principle of a case decision that is binding on other courts in their own future decisions.For example, Donoghue v Stevenson (1932) established principle that a duty of care is owed to anyone that a party could reasonably foresee being harmed by their actions or negligence.The ratio behind Felthouse v Bindley (1862) was that silence could not constitute acceptance of a contract.

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