I love that quote.I once asked a lawyer about whether UK law was based on common sense. He said: "no, because common sense isn't all that common".
I love that quote.I once asked a lawyer about whether UK law was based on common sense. He said: "no, because common sense isn't all that common".
Precisely. Unfortunately the phrase is very overused and has lost most of its original meaning as a result (a lot like "snowflake"). For example Jacob Rees-Mogg famously described as "common sense" the action of leaving a burning building against the advice of the fire service.Surely common sense doesn't come into it. Either it's legal or it isn't.
Do fewer people travel on a Tuesday and is that why acceptance was given? Were trains less than ⅔ full for example.Whereas I feel Avanti can often be a little off with how they handle situations like this, a fair share of acceptance is given on occasion. For instance yesterday, ticket acceptance was honored on Avanti as all LNWR services were cancelled at short notice between Birmingham and Northampton due to an overhead line issue.
Do fewer people travel on a Tuesday and is that why acceptance was given? Were trains less than ⅔ full for example.
Where drafting contracts, I find that "will" or "shall" have the same force as "must" - they introduce obligations. If, on the other hand, the wording were "should" or "may", then there would be ambiguity.It’s all rather ambiguous (“will” versus “must”) and I suppose could reasonably be read as a general statement that TOCs will generally assist where they can. It’s by no means clear this even gives rise to an enforceable contractual obligation, and indeed the NRCoT seems to make expressly clear that the contract in question is with the operators upon whose services the tickets are valid. I think we will have to agree to disagree.