Per Incuriam Law & Legal Definition


Per incuriam is a Latin terms which means "through lack of care". A court decision made per incuriam is one which ignores a contradictory statute or binding authority, and is therefore wrongly decided and of no force. A judgment that's found to have been decided per incuriam does not then have to be followed as precedent by a lower court.In criminal cases a decision made per incuriam will usually result in the conviction being overturned.