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Creado por Tim Mitchell
hace casi 11 años
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Pregunta | Respuesta |
Stare decisis | doctrine of judicial precedent |
Ratio decidendi | Legal reason for the decision (why the defendant is/isn't guilty) BINDING |
Obiter dicta | Statements not part of Ratio Decidendi, such as hypothetical situations or wider legal principles. PERSUASIVE |
Per incuriam | A precedent is not binding where it was made without proper care (e.g. the judge hadn't looked at all previous precedents) |
Ultra vires | Without power (delegated legislation can be challenged on the grounds that the person making it acted ultra vires, by exceeding their powers) |
Eiusdem generis | General words mean the same kind of thing as the specific words they follow. Powell v Kempton Park Racecourse Co (1899) |
Expressio unius exclusio alterius | Where a statute seeks to establish a list of what is covered by its provisions, then anything not expressly included in that list is specifically excluded. |
Contra proferentum | Exclusion clause is interpreted against the person trying to rely on it. This usually results in the clause being interpreted narrowly Photo Productions Ltd v Securicor |
Quantum meruit | What one has earned – you are entitled to be paid for work you have done |
Res ipsa loquitor | The facts speak for themselves – so the claimant does not have to prove what happened |
Volenti non-fit injuria | The claimant has freely consented to the negligent act |
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