Case One

LEGAL METHODOLOGY II ASSIGNMENT Please prepare an answer to the pursual question in NO MORE THAN 4000 WORDS. You should submit your end answers to Ms Michelle Meacham in the LLM office (G43) by 4pm on Friday 17 December 2010. It is said that the approach of the courts to interpretation of all documents and utterances in a business or private context is the muniment of a progress from a stiff and superstitious hypocrisy to a flexible rationalism. With reference to the following solecisms and discuss that to what close can the above intelligence services be considered accurate? lease Reinsurance Co. Ltd v Fagan [1997] AC 313 Mannai Investments Co. Ltd v Eagle Star feel Assurance Co. Ltd [1997] AC 749 BCCI v Ali [2002] 1 AC 251 The Starsin [2004] 1 AC 715 Lord hoffman The meaning of words, as they would appear in a dictionary, and the effect of their syntactical arrangement, as it would appear in a grammar, is part of the material which we use to understand a speaker units utterance. But it is only(prenominal) a part; some other part is our knowledge of the background against which the utterance was made.

It is that background which enables us, non only to choose the intended meaning when a word has more than one dictionary meaning but also, in the ways I commence explained, to understand a speakers meaning, often without ambiguity, when he has used the wrong words. In the case of commercial contracts, the restriction on the use of background has been quietly dropped. There are certain special kinds of differentiate, such as previous negotiations and express declarations of intent, which for practical reasons which it is unnecessary to analyse, are inadmissible in aid of construction. They can be used only in an action for rectification. The fact that the words are assailable of a literal application is no obstacle to evidence which demonstrates what a reasonable person with knowledge of the background would have understood the parties to mean, even... If you want to get a full essay, direct it on our website: Orderessay

If you want to get a full essay, wisit our page: write my essay .