The legal doctrine of per incuriam serves as a critical exception to the otherwise rigid rule of precedent. Derived from the Latin phrase meaning “through lack of care,” this doctrine allows for judicial flexibility by identifying and setting aside judgements rendered in ignorance of statutory provisions or binding precedents. In this article, we will examine […]
Definition of per incuriam Per incuriam is a Latin term meaning "through lack of care" or "through inadvertence." In legal contexts, it describes a court decision that was made incorrectly because the judge or judges overlooked a relevant and binding legal authority.
The term "per incuriam," meaning 'through lack of care,' refers to judgments passed without considering relevant legal authorities or statutes.
The exception of per incuriam under the doctrine of precedents can be understood in two ways. Per incuriam means “carelessness”, although in practice it is understood as per ignoratium, meaning ignorance of law. When courts ignore law and proceed to pass judgment, the said decision falls under the spectrum of per incuriam and does not necessarily need to be followed.
Understanding Per Incuriam Judgments. What is Per Incuriam: “Per incuriam” is a Latin term meaning “through lack of care.” A court’s decision is deemed per incuriam when it is rendered in ignorance of a relevant statute or a binding authority. Essentially, if a court delivers a judgment without knowledge of a pertinent provision of law or constitution that would have influenced the ...
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.