The High Court's Decision And The Case Of Correctness

1974 Words8 Pages
The High Court’s Decision and the case of Correctness. That being said, the correctness of this decision by the high court in re-characterising the role of presumptions doesn’t come without its scrutiny. It is often argued that it was wrongful, confusing or downright unnecessary to address presumptions as the case of Ermogenous did. Despite its short falls, the re-characterised role which doesn’t completely rule out presumptions but negates sole reliance on them, provides more positive arguments than negatives. The decision itself was persuaded and influenced by many supportive cases before Ermogenous and followed by many cases after Ermogenous using the re-characterised role as precedent. The decision was made with consideration to all proceeding commercial and domestic cases and arguably the outcome has assisted a more fair and just approach to the law. Intention and how it is dealt with is generally a difficult subject. Firstly, it is deceptive. The real intention of both parties may never be discovered by the courts, especially with the objective approach and use of presumptions. The law may in this case assume something far beyond what the participating parties actually had in mind. In this way the “Law seems to pay relatively little regard to what the individual contracting parties actually intend” and “takes the parties intentions as its yardstick”, not ensuring the actual intentions of the parties are complied with. Additionally, when presumptions are used
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