…nota bene…

The fact is that the conclusions the Courts in such cases, though influenced by certain fundamental principles, have been little more than instances of cutting the Gordian knot - reasonable adjustments of the rights of partie in cases where complete justice was impracticable of attainment.


Per Lord Moulton in Sandeman v Tyzack & Branfoot Steamship Ltd [1913] AC 680 at 695.


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