Law

Ratio Decidendi and Obiter Dictum:

1.Citation:
Cohen v Sellar [1926] 1 KB 536 at 546-9
2.Brief statement of material facts:
The complainant scat Cissie Cohen, and the defendant Nathan Sellar, both of the jewish faith agreed to marry. The defendant handed the plaintiff a single-stone diamond spring worthy 30 pounds for their engagement. However, the two frequently fought. In June 1924 the parties went in the first place a Jewish tribunal to resolve their issues, but to no avail. The plaintiff verbalise that the defendant refused to marry her. Conversely, the defendant asserted that the plaintiff had broken off the engagement. The question arose of who is entitled the engagement ring.
3. adjectival history and issues to be decided;
Procedural history was; the parties went before a Jewish tribunal in June 1924, however energy was resolved. An action then was brought to the county court and then to the high court.
The issues to be decided included:
Which one of the litigants was entitled to the engagement ring?
Which one of the two refused to marry?

4.



A) Ratio Decidendi: The ratio decidendi in this extract include the passges starting from The principles involved are illustrated by the arguments in…
It is ratio decidendi because the jurist is giving his reasoning for his judgement of the case by citing the case of Lockyer v Simpson Mosley 298 whose principles are relevant to the legal issues in the case at hand. The ratio decidendi continues with the judge saying…this I hold to be the correct vision…again justification for his decision.

B) Orbiter Dictum: Rant non really related specifically to the case but endorses another(prenominal) aspects or issues, for example in this case issues of marriage and engagement. This is stated in the pass, By the slowgrowth of decisions….
The second part is classic artificial satellite dictum and is more explicitly stated than the first example. This is the passage starting with the judge saying..I may venture ahead to add a few words…..If you want to defecate a full essay, order it on our website: Ordercustompaper.com



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