The Canada Law Journal, Volume 49W.C. Chewett & Company, 1914 - Law |
Other editions - View all
Common terms and phrases
action affirmed agreement Alberta applied appointed authority Bank bonds breach British Canada Law charge Chief Justice claim common law contract costs Court of Appeal covenant creditors criminal damages debt debtor decision deed defendant Divisional Court divorce Dominion dower duty effect England English entitled equity equity of redemption evidence execution executors fact favour forfeiture give grant held House of Lords judge judgment jurisdiction jury L.JJ L.T. Rep land lawyers lease lessor liable Lord Alverstone Lord Haldane Lords Macnaghten marriage matter ment mortgage necessity offence Ontario opinion owner paid parties payment person plaintiff principle Privy Council province provisions purchase purpose question Railway reason recover referred rule shares shew solicitor Statute of Frauds Supreme Court testator tion Toronto trade union trial trustees ultra vires Upper Canada Vict writ
Popular passages
Page 597 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 518 - The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
Page 532 - Europe as being, for intellectual and spiritual purposes, one great confederation, bound to a joint action and working to a common result; and whose members have, for their proper outfit, a knowledge of Greek, Roman, and Eastern antiquity, and of one another.
Page 598 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of £,10 sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 182 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 642 - Act, be as valid as if he were expressly authorised by the owner of the goods to make the same ; provided that the person taking under the disposition acts in good faith, and has not at the time of the disposition...
Page 606 - Children, wherever they go, must be expected to act upon childish instincts and impulses; and others, who are chargeable with a duty of care and caution towards them, must calculate upon this, and take precautions accordingly. If they leave exposed to the observation of children anything which would be tempting to them, and which they in their immature judgment might naturally suppose they were at liberty to handle or play with, they should expect that liberty to be taken.
Page 198 - Provided that no person shall be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution shall be corroborated by some other material evidence in support thereof implicating the accused...
Page 625 - But if a vendor or mortgagor agrees to sell or mortgage property, real or personal, of which he is not possessed at the time, and he receives the consideration for the contract and afterwards becomes possessed of property answering the description in the contract, there is no doubt that a court of equity would compel him to perform the contract and that the contract would, in equity, transfer the beneficial interest to the mortgagee or purchaser immediately on the property being acquired.
Page 460 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.