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Business Law by Stephen Judge (auth.)

By Stephen Judge (auth.)

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The first is a statement of law based upon a hypothesis. The judge states what he or she believes the law would be if the material facts of the case were different. In Ronde/ v. Worsley [1969] 1 AC 191, statements by the House of Lords that a barrister who was negligent when acting other than in connection with litigation might be liable in tort, and that a solicitor would be immune from tortious liability when acting as an advocate are obiter, since the case concerned the tortious liability of a barrister acting as an advocate.

V. Lorsont (1869) 85 Lee Cooper Ltd v. C. H. Jeakins & Sons Ltd [1967] 2 QB 1 344 Lee v. Butler [1893] 2 QB 318 418 Lee v. Lee's Air Farming Ltd [1961] AC 12 163 377 Leighton v. Michael [1995] The Times, 26 October Lennard's Carrying Co. Ltd v. Asiatic Petroleum Co. Ltd [1915] 167 AC705 Table of Cases XXXI 112 Letang v. Cooper [1964] 2 AllER 929 368 Leverton v. Clwyd County Council [1987] 1 WLR 65 71,416 Lewis v. Averay [1972] 1 QB 198 Lewis v. Carmanthenshire County Council [1953] 1 WLR 1439 113 Leyland OAF Ltd v.

A ratio decidendi is a statement of law applied to the legal problems raised by the material facts of the case as identified by the court upon which the decision is based. To be binding in principle it must comply with this definition in all respects. There are two types of obiter dictum: (i) a statement of law based upon facts which were either not found to exist or, if found, were not found to be material; or (ii) a statement of law which, although based on material facts of the case as identified by the court, does not form the basis of the decision.

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