Question

'Per incurium' judgement means:

• A. judgement stands as a valid precedent
• B. partially allowed decision
• C. having no bindingness in subsequent decisions
• D. rebuttable judgement.

Answer 1

Answer:

C. having no bindingness in subsequent decisions

'Per incuriam' judgement

• The term "per incuriam" is a Latin legal phrase that is used in the context of judgments and decisions made by courts.
• It refers to a situation where a court, intentionally or unintentionally, makes a decision without considering or overlooking a relevant legal precedent or binding authority.
• Precisely, a judgment is said to be per incuriam when it is rendered "in ignorance" of a relevant law or precedent.
• Per incuriam decisions are relatively rare, as courts typically strive to consider and apply relevant legal precedents when making judgments.