Distinguish between ratio decidendi and obiter dicta
ANSWER
Ratio decidendi:
- Literally means reason for decision.
- This is a principle or proposition of law based on the material facts of the case.
- It disposes off the case before the court.
- It is the binding part in a precedent.
- It comprises a group of fact situations with those of the instant case as minimum.
Obiter dicta:
- Literally means the way.
- These are the way statements made a court in the course of judgement.
- They do not dispose off the case before the court and are not binding in subsequent similar cases.
- They reinforce or strengthen the decision of the court.
- May be relied upon advocates in subsequent cases as persuasive authority.