On Mon, Dec 30, 2002 at 02:06:11PM -0000, Silent Partner wrote:
> 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.
When there's a contract dispute which goes to court, you're talking about a
civil case rather than criminal. There is of course some law which applies
but a lot comes down to the interpretation of the law, and a judge's
decision on the contract terms. This is opinion, and it's what we pay judges
for.
Niall
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