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Obiter Dicta means
  • a)
    under judicial consideration
  • b)
    injury without damage
  • c)
    things said by the way
  • d)
    reason of subsequent act
Correct answer is option 'C'. Can you explain this answer?
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Obiter Dicta meansa)under judicial considerationb)injury without damag...
It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent. In other words, obiter dicta means 'that which is said in passing,' an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion that is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant.
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Directions: Read the following passage carefully:The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.Although one of the oldest laws in India, legal experts note that the Indian Contract Acts relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of Indias (SEBIs) listing agreement for companies.Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment."Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.Q.A husband formed and registered an agreement with his wife that he will give his earnings to her but later denied to fulfil his promise arguing that he was not getting any consideration for the same. As per the passage, is the argument by the husband legally valid?

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Obiter Dicta meansa)under judicial considerationb)injury without damagec)things said by the wayd)reason of subsequent actCorrect answer is option 'C'. Can you explain this answer?
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