Per incuriam
| Literal meaning | Through carelessness |
|---|---|
| Pronunciation | per in-KYOO-ree-am |
A decision given without noticing a binding precedent or a statute. Such a decision has no binding force.
Example
A court decides a point without noticing a statute that applies. A later court need not follow it.
Case laws
- Young v. Bristol Aeroplane Co. (1944), Court of Appeal, England: a court may refuse to follow its own earlier decision made in ignorance of a statute or binding authority.
- Municipal Corporation of Delhi v. Gurnam Kaur (1989), Supreme Court: a decision is not binding if it was given in ignorance of a statute or a binding precedent.
Exam tip
Asked as an exception to precedent.
Memory trick
Per incuriam = by carelessness.
Key takeaway
A decision made without noticing binding law is not binding.
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