MEANING AND USE OF THE LEGAL TERM: PER INCURIAM

Definition: “Per incuriam” is a Latin legal term that translates to “through lack of care” or “through inadvertence.” It refers to a situation where a court decision or judgment has been made without considering or taking into account a relevant law or precedent that should have been applied to the case.

Use in Legal Context: When a court makes a decision or judgment based on a mistake or oversight regarding a particular law or binding precedent, it may be declared as a decision “per incuriam.” This designation essentially indicates that the decision was made without due regard for the law and, as a result, might not be considered binding as a legal precedent.

Courts use the term “per incuriam” to acknowledge and rectify errors made in their judgments. This declaration doesn’t invalidate the decision outright, but it may lessen its authority as a legal precedent in future cases.

Effect of the Term: When a judgment is labeled as “per incuriam,” it alerts legal professionals that the decision might not be followed as a precedent in similar cases due to the oversight or mistake made in applying the law. However, it’s essential to note that this term is not a direct means of overturning a decision but rather serves as a marker highlighting a mistake in legal reasoning.

Courts may revisit cases labeled as “per incuriam” to rectify errors and ensure that future decisions align with established laws and precedents.

Understanding the implications of “per incuriam” is crucial for lawyers, judges, and legal scholars, as it shapes the weight and authority of legal decisions within the framework of established laws and precedents.