Audio recording 2.1

So, Chapter 2 deals with objectivity, which again is a big theme which we'll see throughout the book. But, it's so important it's worth having a separate chapter on it quite early on, I think. Because it is important to appreciate that English law focuses on an objective approach. So, it's not like some other systems, typically civil law systems, which really do try to work out what the parties are actually thinking, what was going on inside their heads. What we're most interested in, is the objective intentions of the parties. And there are of course different senses of objectivity. So, if I say something to you, there's a question about how objectively that should be interpreted. Is it, as an objective person in my position, a reasonable person in my position, a reasonable person in your position, or a reasonable person who's a fly on the wall. So detached objectivity, if you like. To speak objectivity, I just see objectivity, or detached fly on the wall objectivity. And the cases are not always consistent, but I think it is  generally thought that the best approach is to judge objectivity from the position of the person, to whom the words or conduct have been addressed. So that's, I think the key message from this chapter.