Distinguish between ratio decidendi and obiter dicta

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.