Per incuriam

Per incuriam, literally translated as "through lack of care" is a device within the common law system of judicial precedent. A finding of per incuriam means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents.

The significance of a judgment having been decided per incuriam is that it need not be followed by a lower court. Ordinarily, the rationes of a judgment is binding upon lower courts in similar cases. However, a lower court is free to depart from a decision of a superior court if the earlier judgment was decided per incuriam.


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