Revue Du Barreau Canadien, Volume 41Carswell Company, 1963 - Bar associations |
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Page 44
... fact distinction . He recognized that the tenant's case was " as completely devoid of merit as any case could well be " . 168 But , since the mistake was one of law , he felt compelled to conclude that : The consequence to the defendant ...
... fact distinction . He recognized that the tenant's case was " as completely devoid of merit as any case could well be " . 168 But , since the mistake was one of law , he felt compelled to conclude that : The consequence to the defendant ...
Page 341
... fact to determine certain facts without formal evidence , courts have been careful in practice to exclude from the scope of the power facts which are not notorious and clearly established , even if the judge or trier privately knows the ...
... fact to determine certain facts without formal evidence , courts have been careful in practice to exclude from the scope of the power facts which are not notorious and clearly established , even if the judge or trier privately knows the ...
Page 343
... fact to be indisputable , its lack of general acceptance by reasonable men leaves it within the scope of ad- versary dispute . If the trier of fact were empowered to determine facts on the basis of private knowledge which he did not ...
... fact to be indisputable , its lack of general acceptance by reasonable men leaves it within the scope of ad- versary dispute . If the trier of fact were empowered to determine facts on the basis of private knowledge which he did not ...
Contents
LA REVUE DU BARREAU | 1 |
LEGAL PROBLems of WholESALE FINANCING OF DURABLE Goods | 54 |
Nemes 1957 O W W 166 1957 8 D L R 2d 659 | 68 |
Copyright | |
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action agreement Alberta appears applied authority bank Board British Columbia buyer Canadian chattel mortgage claims clause Code common law common mistake conditional sale constitutional contract Court of Appeal Court of Canada criminal law damages dealer decision defendant doctrine Dominion enactment English evidence existence federal finance company financer's footnote gift tax held House of Lords Ibid invitee judgment judicial notice jurisdiction jury justice Lever Brothers lex domicilii liability lien limited Lord Manitoba matter means mistake of law negligence occupancy duty occupier occupier's oil and gas Ontario operation ordinary course paramountcy parties person plaintiff premises principle problem Professor protection provides provincial legislation purchaser question reasonable registered retail risk rule Saskatchewan security interest statute statutory subject-matter supra Supreme Court term tion Toronto tort trade transaction trial judge trier of fact unusual danger validity visitor Warsaw Convention wholesale financer