In determining the common intention of the parties, then, the court must consider first the literal and ordinary meaning of the words in their contract.
12.
In determining the common intention of the parties, then, the courts must consider first the literal and ordinary meaning of the words in the contract.
13.
In such a case, the common intention of the parties is inferred by the court from the express terms of the contract and the surrounding circumstances.
14.
Hashim said the jury could find the four had the common intention to cause the death if they were satisfied that one of them had fatally stabbed Bhomeddin.
15.
Where equity is driven to impute the common intention, how can it do so other than by search for the result which the court itself considers fair?
16.
Parliament acts as a corporate body and the only expression of its common intention is the text to which the Queen and both Houses have given their unqualified assent.
17.
The principle of reciprocity recognises that in many contracts the common intention of the parties, expressed or unexpressed, is that there should be an exchange of performances.
18.
Lord Parker said that the coal dust emission could be classified as an easement, but there was no common intention on which such an easement could be based.
19.
89 . Lord Walker and Lady Hale observe, at para 34 above, that in practice the difference between inferring and imputing a common intention to the parties may not be great.
20.
If the test of the parties continuing common intentions is an objective one, then the court is looking to see whether there was such a prior consensus and if so what it was.
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