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| What is the meaning of the legal phrase 'Per Incuriam'? |
let the buyer beware unclaimed or ownerless goods body of the crime through lack of care |
| through lack of care |
| Per Incuriam: Per incuriam, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant. A finding of per incuriam means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents. 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. A judgment that is found to have been decided per incuriam does not then have to be followed as precedent by a lower court. |
