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Unformatted text preview: man without legal justification refused to carry out his marriage promise, he can’t demand for the gift back. That was the ratio decedendi. 5. The statement which shows Obiter Dicta was “If the engagement to marry be dissolved by mutual consent, then in the absence of agreement to contrary the engagement ring and the like gifts must, I think be returned by each party to the other…. . If the marriage does not take place either through the death of, or through disability recognised by law on the part of the person giving the ring or other conditional gift, then I take the view that in such case the condition is to be implied that the gift shall be returned.” This was an Obiter Dicta because it’s a statement that’s not based on facts as found or something that has no final decision of the case. 6. Main functions of judiciary are ultra vires and unreasonableness. 7. 8....
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This note was uploaded on 01/27/2011 for the course MARKETING 102 taught by Professor Chin during the Spring '10 term at ITBA.
- Spring '10