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(Business) Common Sense, Construction Which Is Consistent With


Common Sense
Last updated: 06-Oct-2014

Per Devlin J in Heskell v Continental Express Ltd [1950] 1 All ER 1033 at p.1048:

Common sense is a blunt instrument not suited for probing into minute points, …

Lord Wilberforce in Liverpool City Council v Irwin [1976] 2 All ER 39 cited dictum of Bowen LJ in Miller v Hancock [1893] 2 QB 177 at 180, 181 describing typical relationship of landlord and tenant in multi-occupational dwellings and said at p.45:

Certainly that case, as a decision concerning a claim by a visitor, has been overruled (Fairman v Perpetual Investment Building Society [1923] AC 74). But I cite the passage for its common sense as between landlord and tenant, and you cannot overrule common sense.


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