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10:49 Nov 7, 2008
This question was closed without grading. Reason: Answer found elsewhere
French to English translations [PRO] Law/Patents - Law (general) / Court decision
French term or phrase:à un motif surabondant
I am uncertain as the meaning of this sentence:
"Le moyen, qui s'attaque à un motif surabondant en sa troisième branche, n'est pas fondé en ses deux premières."
The Court is rejecting the appellant's claim which is based on a single argument with three limbs. I think it is saying that the first two limbs are ill-founded and the third is irrelevant, but I have also found references in Kudoz to "surabondant" meaning an alternative argument.
Would I be right in saying:
"The first and second limbs of the argument are ill-founded, while the third refers to an irrelevant ground."
All the terms shown above are mainly saying the same thing, that it's an irrelevant or not important statement.
It is known as obiter dictum, which may or may not have persuasive influence in future cases.
A good example of both ratio decidendi and obiter dictum is to be found in the judgment in the most famous of all insurance law cases, Castellain v. Preston which was concerned with the principle of indemnity in relation to a policy of fire insurance.