Who among the following propounded that ‘an obiter dictum is an opinion on some point which is not…
The statement is attributed to Justice Talbot. It distinguishes an opinion expressed on an unnecessary point from the decision of the case and the reasons necessary to it,…
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Who among the following propounded that ‘an obiter dictum is an opinion on some point which is not necessary for the decision of the case’?
Answer and explanation
Correct answer A
The statement is attributed to Justice Talbot. It distinguishes an opinion expressed on an unnecessary point from the decision of the case and the reasons necessary to it, which constitute the ratio decidendi. That distinction explains why an obiter observation does not carry the same binding force as the ratio.
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