A cause of action in contract arises when the contract is breached. Talbot J said: ‘There is no question that the three learned judges who decided that case stated in emphatic and unambiguous language that contributory negligence is a good defence to an action of this class; but it is said that the expression of opinion can be disregarded in this court because it is not necessary for the purpose of deciding that case that that opinion should be expressed. I do not agree, any more than the other members of this court, that that expression of opinion was in fact unnecessary, and it appears to me that it is not legitimate to say that it should be disregarded . . If a judge thinks it desirable to give his opinion on some point which is not necessary for the decision of the case, that of course has not the binding weight of the decision of the case and the reasons for decision. It seems to me, however, to be an abuse of language to describe as obiter dicta the deliberate pronouncements in Dew’s Case, which were all made expressly as reasons for the decision to which the court there came, and even if I did not assent to them, I should certainly regard these pronouncements as authoritative.’
Judges:
Talbot J
Citations:
[1930] 2 KB 72
Citing:
Cited – Dew v United British Steamship Co CA 1928
. .
Cited by:
Cited – Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council SC 6-Apr-2011
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Contract
Updated: 15 May 2022; Ref: scu.431889
