Per incuriam: a decision ignoring binding law may be disregarded, permitting courts to decline to follow it. Per incuriam denotes decisions rendered through carelessness or ignorance of controlling law and functions as an exception to stare decisis; a judgment ... Summary
Per incuriam: a decision ignoring binding law may be disregarded, permitting courts to decline to follow it.
Per incuriam denotes decisions rendered through carelessness or ignorance of controlling law and functions as an exception to stare decisis; a judgment overlooked a binding statute or precedent may be treated as per incuriam, allowing later courts to decline to follow it, and courts should follow established procedures when resolving conflicting decisions, relying on recognized exceptions drawn from authoritative treatises and prior practice.
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