Monday, January 29, 2007

Best Judgment Today

From Wickman v Shuler [1974] at the House of Lords (the court not the hair salon), judgment by Lord Reid:

"But on any view the interrelation and consequences of the various provisions of this agreement are so ill-thought out that I am not disposed to discard the natural meaning of the words which I have quoted merely because giving to them their natural meaning implies that the draftsman has forgotten something which a better draftsman would have remembered."
...
"The contract is so obscure that I can have no confidence that this is its true meaning but for the reasons which I have given I think that it is the prefereable construction."

I love it when the judges are funny, intentionally or not.

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