Revue Du Barreau Canadien, Volume 6Carswell Company, 1928 |
Índice
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Outras edições - Ver tudo
Palavras e frases frequentes
action administration application appointed authority automobile bill breach British Canadian Bar Association CANADIAN BAR REVIEW Chief Justice claim common law Conference Conflict of Laws Constitution contract Court of Appeal Court of Canada criminal Crown damages decision declared defendant divorce domicile Dominion duty effect Empire enacted England English entitled executive executor fact Government held Honourable House of Lords Imperial interest Irish Free Judge judgment jurisdiction jury Keltic King's Bench land lawyer legislation Legislature liability Lord Lordship Manitoba marriage matter ment negligence Nova Scotia Ontario opinion Parliament Parliament of Canada parties person plaintiff principle Privy Council Probate Court profession profits Province Quebec question Railway re-sale reason referred regard respect rule Saskatchewan statute Superior Court supra Supreme Court Surrogate Courts tion Toronto Trade Unions United validity words
Passagens conhecidas
Página 120 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Página 120 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Página 454 - The governor general shall appoint the judges of the superior, district and county courts in each province except those of the courts of probate in Nova Scotia and New Brunswick.
Página 120 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of a breach of it.
Página 298 - We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence.
Página 772 - Crown, holding in all essential respects the same position in relation to the administration of public affairs in the Dominion as is held by His Majesty the King in Great Britain, and that he is not the representative or agent of His Majesty's Government in Great Britain or of any department of that Government.
Página 360 - The rules of the common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts of marine insurance.
Página 574 - Brunswick respectively, as if the union had not been made ; subject nevertheless (except with respect to such as are enacted by or exist under acts of the parliament of Great Britain or of the parliament of the united kingdom of Great Britain and Ireland), to be repealed, abolished, or altered by the parliament of Canada, or by the legislature of the respective province, according to the authority of the parliament or of that legislature under this act.
Página 507 - My Lords, when the duty of deciding an appeal is imposed, those whose duty it is to decide it must act judicially They must deal with the question referred to them without bias, and they must give to each of the parties the opportunity of adequately presenting the case made. The decision must be come to in the spirit and with the sense of responsibility of a tribunal whose duty it is to mete out justice.
Página 120 - For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them.