Decisions of silentio

In some cases the court may make no pronouncement on a point regard to which there was no argument and yet the conclusion of the case as a whole assumes a conclusion with regard to the particular point. Such decisions are said to pass sub silentio and they do not establish a precedent. As regards exceptions to the doctrine of stare decisis, Professor Rupart Cross writes that even if a court would be bound by a particular decision in the ordinary way, that decision need not be followed if the court is House of Lords, if it conflicts with a previous decision of the same court, if it has been impliedly overruled by the the subsequent decision of a higher court, if it is reached per incuriam, if the court is the court cout of appeal and the previous decision was made on a interlocutory appeal , if perhaps it conflicts with a previous decision of a higher court, notwithstanding the fact that the decision was considered by the court which decided the case in question , which case accordingly can not be said to have been resolved per incuriam, if perhaps the previous decision is obsolete , if the previous decision is obscure, out of accord with authority of established principle , or too broadly stated , in this cases the decision but not the ratio decidendi is binding , if perhaps the cases has two rationes decidendi in which case a choice may be made between them and if perhaps the effect of thee case has been reversed by statute , its ratio decidendi need not be followed.