Obiter dicta: Meaning, Explanation, Examples & Case Laws

Literal meaning	Things said in passing
Pronunciation	OB-ih-ter DIK-ta

Remarks of a judge that are not necessary for the decision. They may guide later courts but do not bind them.

Example

While deciding a case on contract, a judge comments on what the law would be in a tort case. That remark is obiter.

Case laws

Quinn v. Leathem (1901), House of Lords: a case is an authority only for what it actually decides.

Exceptions / limits

Obiter of the Supreme Court is entitled to great respect, and is sometimes called judicial dicta.

Exam tip

Always answer together with ratio decidendi.

Memory trick

Obiter = on the side.

Key takeaway

Remarks not needed for the decision are persuasive, not binding.