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HandWiki. Obiter Dictum. Encyclopedia. Available online: https://encyclopedia.pub/entry/29731 (accessed on 13 October 2026).
HandWiki. Obiter Dictum. Encyclopedia. Available at: https://encyclopedia.pub/entry/29731. Accessed October 13, 2026.
HandWiki. "Obiter Dictum" Encyclopedia, https://encyclopedia.pub/entry/29731 (accessed October 13, 2026).
HandWiki. (2022, October 18). Obiter Dictum. In Encyclopedia. https://encyclopedia.pub/entry/29731
HandWiki. "Obiter Dictum." Encyclopedia. Web. 18 October, 2022.
Obiter Dictum
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The content is sourced from: https://handwiki.org/wiki/Social:Obiter_dictum

Obiter dictum (usually used in the plural, obiter dicta) is Latin phrase meaning "by the way", that is, a remark in a judgment that is "said in passing". It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are persuasive only.

precedent judgment plural

References

  1. Black's Law Dictionary p. 967 (5th ed. 1979).
  2. Reid-Rambo, Teresa, and Leanne J. Pflaum. "Chapter 5: Sources of Law; Reading and Interpreting Cases." Legal Writing by Design: A Guide to Great Briefs and Memos. Durham, NC: Carolina Academic, 2013. 85. Print.
  3. Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130
  4. Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465
  5. Scruttons Ltd v Midland Silicones Ltd 1961]UKHL 4, [1962] AC 446
  6. Carlill v Carbolic Smoke Ball Company [1893] 2 QB 256
  7. Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1
  8. "Dissent". Law Mentor. Archived from the original on February 22, 2014. https://web.archive.org/web/20140222025417/http://www.lawmentor.co.uk/glossary/D/dissent/. Retrieved February 6, 2014. 
  9. Coper, Michael; Blackshield, Tony; Williams, George (2007). The Oxford Companion to the High Court of Australia. Oxford University Press. ISBN 9780195540222. OCLC 836967805. http://www.oxfordreference.com/view/10.1093/acref/9780195540222.001.0001/acref-9780195540222-e-124. Retrieved February 6, 2014. 
  10. Shaw v DPP [1962] AC 220 House of Lords
  11. Knuller (Publishing, Printing and Promotions) Ltd. v. DPP [1973] A.C. 435 at 456, 56 Cr.App.R. 633 at 637
  12. 'Simpkins v Pays' [1955] 1 WLR 975 Queen's Bench Division
  13. "Archived copy". Archived from the original on 2014-01-11. https://web.archive.org/web/20140111140154/http://www.legalmax.info/members2/conbook/simpkins.htm. Retrieved 2014-01-11. 
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