Digest, Canadian Case Law, Volume 11

Capa
Carswell Company, 1922
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Passagens conhecidas

Página 599 - I take it, without citing cases, that it is now thoroughly " well established that no action will lie for doing that which the " legislature has authorized, if it be done without negligence, " although it does occasion damage to any one ; but an action " does lie for doing that which the legislature has authorized, if
Página 189 - It has long been established as a positive rule of English criminal law, that no statement by an accused is admissible in evidence against him unless it is shewn by the prosecution to have been a voluntary statement, in the sense that it has not been obtained from him either by fear of prejudice or hope of advantage exercised or held out by a person in authority.
Página 113 - Each stockholder in any corporation [excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business shall be liable to the amount of stock held or owned by him.
Página 39 - The general principle to be applied," said Bovill, CJ, in Thorpe v. Adams, LR 6 CP 135, "to the construction of acts of Parliament is that a general act is not to be construed to repeal a previous particular act, unless there is some express reference to the previous legislation on the subject, or unless there is a necessary inconsistency in the two acts standing together.
Página 197 - Court shall also have exclusive original jurisdiction- to hear and determine " every claim against the Crown arising out of any death or injury to the person or to property on any public work, resulting from the negligence of any officer or servant of the Crown, while acting within the scope of his duties or employment.
Página 123 - 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 49 - Canada but carrying on business in Canada, either directly or through or in the name of any other person, the income shall be the net profit or gain arising from the business of such person in Canada.
Página 139 - Court the same construction and effect as they would have received in equity; (g) part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in satisfaction or rendered in pursuance of an agreement for that purpose, though without any new consideration, shall be held to extinguish the obligation...
Página 283 - In my judgment, the essence of the offence of adultery consists, not in the moral turpitude of the act of sexual intercourse, but in the voluntary surrender to another person of the reproductive powers or faculties of the guilty person, and any submission of those powers to the service or enjoyment of any person other than the husband or the wife comes within the definition of 'adultery'.
Página 103 - So strictly is this principle adhered to, that no question is allowed to be raised as to the fairness or unfairness of a contract so entered into.

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