This case has been cited 2 times or more.
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2011-12-14 |
BERSAMIN, J. |
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| An obiter dictum has been defined as an opinion expressed by a court upon some question of law that is not necessary in the determination of the case before the court. It is a remark made, or opinion expressed, by a judge, in his decision upon a cause by the way, that is, incidentally or collaterally, and not directly upon the question before him, or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument.[90] It does not embody the resolution or determination of the court, and is made without argument, or full consideration of the point.[91] It lacks the force of an adjudication, being a mere expression of an opinion with no binding force for purposes of res judicata.[92] | |||||
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2011-02-08 |
PER CURIAM |
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| The tendency to copy in law is readily explicable. In law accuracy of words is everything. Legal disputes often centre round the way in which obligations have been expressed in legal documents and how the facts of the real world fit the meaning of the words in which the obligation is contained. This, in conjunction with the risk-aversion of lawyers means that refuge will often be sought in articulations that have been tried and tested. In a sense therefore the community of lawyers have together contributed to this body of knowledge, language, and expression which is common property and may be utilized, developed and bettered by anyone.[7] | |||||