Principle

APPELLATE PRACTICE – Failure to Consider Issues – Consequence Depends on Circumstances of Each Case

Area of law
APPELLATE PRACTICE – Failure to Consider Issues – Consequence Depends on Circumstances of Each Case
Court
Supreme Court

While courts have a duty to pronounce on all material issues, the consequence of non-compliance depends on the facts and circumstances of each case. Not every failure to consider an issue results in reversal. The court examines whether the omitted issue was material to the…

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