Ratio decidendi
Ratio decidendi:-A judicial decision has a binding force for subsequent cases but the whole judgement is not binding, only a part of the judgement is binding.Only that part of the judgement in an earlier decision which is binding, constitute the ratio decidendi of that case.
'ratio decidendi'means reasoning factor behind the decision.The legal principles on which a case is decided by a court of law constitute the ratio decidendi of the case.
According to salmond, a precedent is a judicial decision which contains in itself a principle.The underlying principle which thus forms its authoritative element is often termed as ratio decidendi.
Keeton observed that, ratio decidendi of a case is the principle of law upon which judge based his judgement.
According to Goodheart, the ratio decidendi is to be found by taking into consideration all the facts treated as material by the judges who decided the case cited as a precedent, and of his decision was based on these facts.
The doctrine of precedent, can be understood by following examples,
In the leading Case of Bridges vs Hawksworth, a customer found some money on the floor of a shop.The court applied the rule of finder keepers and awarded the possession of money to the customer instead of the shopkeeper.The ratio decidendi of the case is that finder of the goods is the keeper.
The ratio decidendi of the famous Donoghue vs Stevenson case was that it originated the doctrine of privity of contact and held the manufacturer liable to consumer for his negligence in manufacturing goods which is of such a nature that it is incapable of intermediate inspection by retailer. Thus the plaintiff was held entitled for damages caused to her due to decomposed snail inside the ginger beer which was being sold in opaque bottle.
