> NO Lawyer but have worked with Tech M&A long
> enough to know what the law
> has tests for FAIR and Reasonable :)
>> Actually the law does have a concept of Fair and or
> Reasonable and there is law to cover it on the at least
> the UK statute books,BTW a Judge or Lawyers
> view of fair and the man in the streets view may not
> be one and the same, perhaps that¹s what Silent P
> was getting at.
No, that's not what I was getting at, well not 100% anyway. You've
reduced the point back to law of fairness, Gavin was referring to
courts applying fairness.
Gavin's mail suggested to me that the courts were allowed to take an
opinion of what is fair and unfair and apply that to a hearing
regarding a contract. Perhaps I picked him up wrong, but to suggest
that a court has the right to an opinion is wrong, a court merely is a
test harness for evaluating arguments against known rules. Courts have
a certain amount of leeway in establishing the context in which
something took place based on evidence put forward, and this is about
the extent to which they are allowed to take an opinion, but the
facts -vs.- law ultimately weigh out.
I know parts of Georgia where even today there are alleged KKK member
judges who would think that the killing of a black citizen is ok.
Applying that logic back, there are judges all over Ireland or
wherever who will have personal opinions that they believe to be fair
and reasonable, but in reality are not, depending on your opinion.
That is why courts are merely applicators of law, not justice, and
have no ability to introduce their own notion of fairness into
proceedings, except in the case of sentencing, which in 85%
(uneducated guess) of cases gives rise to the appeal. Most people will
appeal because they don't like the punishment, and are looking for
something lighter, and this stems from opinions of a judge on what is
fair or unfair as punishment.
You get law in court, not justice. Courts don't care for fair and
reasonable, they care about your argument falling within the
parameters of written law compared with your oppositions arguments.
SP
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