Ratio decidendi

• What is Ratio Decedendi?

  The judges reason for the decision in a case
• Name the components of a court judgement?

  verdict, ratio decidendi and obiter dicta
• What happens to the Ratio decedendi of a case?

  It becomes a binding precedent which means all future cases must follow it.
• What does this part of a case become?

  case law for future cases to follow
• According to Sir Rupert Cross, how does he define Ratio Decidendi?

  Ratio decidendi is any rule treated by the judge as a necessary step in reaching his conclusion
• What were the facts in Shaw v DPP?

  D published a directory of prostitutes, found guilty of corrupting public morals and his appeal was dismissed by the HofL
• What were the facts in Knuller v DPP?

  D published adverts for homosexual men to meet other men for sex. By applying the ratio decidendi from Shaw, D was found guilty of corrupting public morals
• What duty did D owed in Donoghue v Stevenson?

  D owed a duty of care to the consumer of the drink he manufactured even though there was no contract between them.
• What principle emerged from Donoghue v Stenvenson?

  The neighbour principle which states a person owes a duty of care to anyone closley and directly affected by what they did or did not do.