82,900
edits
Implied term: Difference between revisions
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 14: | Line 14: | ||
{{quote| | {{quote| | ||
In {{cite|Equitable Life Assurance Society|Hyman|2002|1 AC|408}}, 459, Lord Steyn rightly observed that the implication of a term was “not critically dependent on proof of an actual intention of the parties” when negotiating the contract. If one approaches the question by reference to what the parties would have agreed, one is not strictly concerned with the hypothetical answer of the actual parties, but with that of notional reasonable people in the position of the parties at the time at which they were contracting.}} | In {{cite|Equitable Life Assurance Society|Hyman|2002|1 AC|408}}, 459, Lord Steyn rightly observed that the implication of a term was “not critically dependent on proof of an actual intention of the parties” when negotiating the contract. If one approaches the question by reference to what the parties would have agreed, one is not strictly concerned with the hypothetical answer of the actual parties, but with that of notional reasonable people in the position of the parties at the time at which they were contracting.}} | ||
====A single holistic exercise?==== | ====A single holistic exercise? No, sir.==== | ||
In {{cite|Attorney General of Belize|Belize Telecom Ltd|2009|1 WLR 1988}} Lord Hoffmann looked longingly towards this all being part of a single exercise of construction: | In {{cite|Attorney General of Belize|Belize Telecom Ltd|2009|1 WLR|1988}} Lord Hoffmann looked longingly towards this all being part of a single exercise of construction: | ||
{{quote|“There is only one question: is that what the instrument, read as a whole against the relevant background, would reasonably be understood to mean?”}} | {{quote|“There is only one question: is that what the instrument, read as a whole against the relevant background, would reasonably be understood to mean?”}} | ||
Lord Neuberger, however, looked resolutely away. | Lord Neuberger, however, looked resolutely away. | ||