Saturday, August 7, 2010

Per incuriam- Definition

By mistake
Per-incuriam decisions or precedents are not binding

A decision of a court that is wrongly decided, because the judge was misinformed of the law. A judgment per incuriam is not binding and has no authority under the principle of stare decisis.


The judgment per incuriam could not be relied on under the principle of stare decisis.

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