Question

The _________ means, "adhere to the earlier decision and do not unsettle things which are established".

• A. doctrine of ratio decidendi
• B. doctrine of stare decisis
• C. doctrine of obiter dicta
• D. doctrine of frustration

Answer 1

The correct option is A doctrine of ratio decidendi

All the doctrine are English doctrines that are used in the Indian Legal System.

The Doctrine of Ratio decidendi can be understood with the doctrine of obiter dicta.

A judgement essentially has two parts- 1. the ratio i.e the reason for the judgement. It is the binding part of it and is also the judgement of the majority of the Judges on the Bench.

2. The Opiter- is the opinion of any judge in a judgement that dose not make a ratio.

The doctrine of Obiter Dicta lays that a obiter in a judgement though not binding but has a substantial value in the eyes of law.

The Doctrine of Stare Decisis makes a binding on the subsequent judgement on similar facts and circumstance of decided by a Bench either equal or bigger Bench.

The Doctrine of Frustration is related to contracts law. When a contract becomes impossible to perform or illegal or unlawful. it is said that the object of the Contract has frustrated making the contract as not binding upon the parties and the contract thus ceases to exist.