Private Law Theory

Introduction
It is perhaps obvious that many people say one thing and do another, and they do not say exactly what they mean. This may be what Lord Hoffmann was speaking about when he said in Mannai Investments Co Ltd v Eagle Star Life Assurance Co Ltd [1997] A.C. 749 that ‘If one meets an acquaintance and he says “And how is Mary?” it may be obvious that he is referring to one’s wife, even if she is in fact called Jane. One may even, to avoid embarrassment, answer “Very well, thank you” without drawing attention to his mistake’. It is perhaps less obvious that judges are sometimes in the same boat … (more)

Sir Geoffrey Vos, Chancellor of the High Court, ‘Contractual Interpretation: Do judges sometimes say one thing and do another?’, Canterbury University, Christchurch, 18th October 2017.

First posted 2017-11-06 13:37:03