“According to Mr Hoeppner, the defendant understood that he was being given time for August and September; Mr Matzen had not intended to give time, but his English being weak could have given the impression that he was giving time. That is why the judge said they were not ad idem; he was using the language of contract law, but there, too, the approach ought to be external. In McCutcheon v. David Macbrayne Ltd. [1964] 1 W.L.R. 125 Lord Reid cited (at p.128) this passage from Gloag on Contract (2nd edition page 7): “The judicial task is not to discover the actual intention of each party; it is to decide what each was reasonably entitled to conclude from the attitude of the other.”
LawCompass
… the Digital Solution Research Tool
