Thursday, September 01, 2005

Learned Hand

“A contract has, strictly speaking, nothing to do with the personal, or individual, intent of the parties. A contract is an obligation attached my mere force of law to certain acts of the parties, usually words, which ordinarily accompany and represent a known intent. If, however, it were proved by twenty bishops (!) that either party, when he used the words, intended something else than the usual meaning which the law imposes upon them, he would still be held, unless there were some mutual mistake, or something else of the sort.”
– Judge Learned Hand; Hotchkiss v. National City Bank, D.C.

He sure ain't no activist judge. We all know Scalia is a strict constructionist, but would he still adhere to the 20 bishops rule?

1 comment:

PiedPiper said...

PS-Did you realize that Justice Scalia has nine children! What a Catholic!