Ratio decidendi
- Literally means reason for decision. It is a principle or proposition of law based on the material facts of the case. It disposes of the case before the court.
- It is the binding element in a decision or precedent.
- It consists of a group of fact situations with those of the instant case as minimum.?
Obiter dicta
- Literally means "by the way"
- These are by the way statements of law or fact made by a judge in the course of judgement.
- They do not dispose of the case before the court and have no binding force. These statements strengthen or reinforce the decision of the court and can be relied upon by advocates in subsequent cases as persuasive authority.
raphael answered the question on April 16, 2018 at 18:27
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Explain the following types of precedent:(i) Declaratory Precedent;(ii) Original Precedent;(iii)Distinguishing Precedent.
(Solved)
Explain the following types of precedent:
(i) Declaratory Precedent;
(ii) Original Precedent;
(iii) Distinguishing Precedent.
Date posted:
April 16, 2018
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Answers (1)
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April 16, 2018
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April 16, 2018
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April 16, 2018
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Distinguish the following: Law and Morality.
Date posted:
April 16, 2018
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The “Harbinger,” a newspaper of wide circulation recently published an educational article in one part of its columns “the close structural resemblance between man and...
(Solved)
The “Harbinger,” a newspaper of wide circulation recently published an educational article in one part of its columns “the close structural resemblance between man and the gorilla.” It illustrated the point by two photographs. One was a man in a wrestling pose with the caption “Hamisi Nduati not fundamentally different from the gorilla in physique.” Mr. Hamisi Nduati has realized that the photograph was taken in one of his wrestling contests which he won. He alleges that he enjoys international reputation as an outstanding wrestler and he therefore argues that he has been defamed. He comes to you for legal advice.
Advise him.
Date posted:
April 16, 2018
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Answers (1)
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In relation to the law of property, explain the difference between each of the following; (i) Ownership and possession. (ii) Fee simple and leasehold.
(Solved)
In relation to the law of property, explain the difference between each of the following; (i) Ownership and possession. (ii) Fee simple and leasehold.
Date posted:
April 16, 2018
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Answers (1)
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Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it
against fire with Linda Mali Insurance Co. Ltd and...
(Solved)
Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it against fire with Linda Mali Insurance Co. Ltd and Pokea Insurance Co. Ltd for Sh. 15 million and Sh. 10 million respectively. He also insured his household goods against burglary with Lipa Insurance Co. Ltd. for Sh. 5 million. One night while he was away, burglas broke into the house, stole all household goods and set the house on fire completely destroying it.
Akili Mingi claims the sum assured from the three insurance companies. Advise them.
Date posted:
April 16, 2018
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Answers (1)
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In relation to the law governing Negotiable Instruments, explain four types of
endorsements that may be made on a Bill of Exchange.
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In relation to the law governing Negotiable Instruments, explain four types of
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Date posted:
April 16, 2018
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Answers (1)
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Discuss the main exceptions to the rule “Nemo dat quod non habet”.
(Solved)
Discuss the main exceptions to the rule “Nemo dat quod non habet”.
Date posted:
April 16, 2018
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Answers (1)
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Explain the meaning of the rule “Nemo dat quod non habet” as stipulated in the Sale of
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(Solved)
Explain the meaning of the rule “Nemo dat quod non habet” as stipulated in the Sale of
Goods Act.
Date posted:
April 16, 2018
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Answers (1)
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Discuss the various equitable remedies which may be available to an injured party who
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(Solved)
Discuss the various equitable remedies which may be available to an injured party who
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Date posted:
April 16, 2018
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Answers (1)
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Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price....
(Solved)
Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price. Keter asked Kamau how many sheep could be reared on the farm and Kamau replied, “I have not used the farm for sheep rearing but I think it could support 2000 sheep.”
Keter bought the farm and immediately purchased 2000 sheep to rear on it. However, the firm is unable to accommodate the 2000 sheep and Keter is aggrieved and intends to sue Kamau for misrepresentation.
Advise Kamau.
Date posted:
April 16, 2018
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Answers (1)
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When parties enter into a contract it is virtually impossible for them to include express
terms to cover every eventuality. Explain the circumstances under which:
(i) The...
(Solved)
When parties enter into a contract it is virtually impossible for them to include express
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(i) The courts
(ii) The statutes
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Date posted:
April 16, 2018
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Answers (1)
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You have been asked to draft a partnership deed for a small retail firm of five partners. State the matters, if any, that you will...
(Solved)
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Date posted:
April 15, 2018
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State four acts of commission that may constitute professional misconduct under the
Accountants Act (Cap 531) Laws of Kenya.
(Solved)
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Date posted:
April 15, 2018
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Explain the nature and advantages of commercial arbitration as a means of settling disputes.
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Date posted:
April 15, 2018
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Date posted:
April 15, 2018
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Explain the rules that govern the measure of damages in the law of contract.
(Solved)
Explain the rules that govern the measure of damages in the law of contract.
Date posted:
December 30, 2016
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Answers (1)