Ratio and Orbiter Flashcards
what is the ratio
Ratio is the legal reasoning for the decision, it is the only part of a judgment which is binding. It is treated by the judge as the necessary step in completing his conclusion
what are the cases used for ratio
Donehuhe V stepehenson- manufacturer owes a duty of care to a consumer
R v Bentham- one cannot possess something which is separate from ones self
what is orbiter
an observation made by a judge on the legal reasoning which may be speculated. Other things said.
What are the cases for orbiter
R v howe- judge says that defence of duress is not an excuse and when questioned he also said even in attempted murder it is not a defence.
R v Gotts the judge followed the orbiter because the men were up for attempted murder
Dohehughe v stephenson ‘love thy neighbour’
Shaw v Dpp followed the orbiter
