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accept action affirmed agent agreement alleged allowed amended amount application authority Bank brought building by-law Canada cause charge City claim condition consideration considered contract costs council County Court of Appeal Criminal damages deals death decided decision defendants directed dismissed Divisional Court effect election entitled evidence fact give given grant ground held injury intention interest issue Judge judgment jury Justice land liable lien Limited Lord matter meaning ment mortgage motion Municipal necessary negligence noted notice objection Ontario opinion owner paid parties passed payment performance person plaintiff present principle proceedings purchase question Railway reason received recover reference refused respect result rule shares shew statement statute street sufficient taken timber tion Toronto tort trial
Էջ 537 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Էջ 393 - Where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages of mankind, the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted.
Էջ 192 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Էջ 484 - The quasi fiction of servitium amisit affords protection to the rich man whose daughter occasionally makes his tea, but leaves without redress the poor man whose child is sent unprotected to earn her bread amongst strangers.
Էջ 475 - If it is a sort of injury by which the offender acquires no gain to himself at the expense of the sufferer, as beating or imprisoning a man, &c. there, the person injured has only a reparation for the delictum in damages to be assessed by a jury. But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor.
Էջ 695 - Provided that no conviction shall be set aside nor any new trial directed, although it appears that some evidence was improperly admitted or rejected, or that something not according to law was done at the trial or some misdirection given, unless in the opinion of the Court of Appeal some substantial wrong or miscarriage was thereby occasioned on the trial...
Էջ 20 - Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, o construction may be put upon it, which modifies the meaning of the words, and even the structure of the sentence.
Էջ 792 - It is said, the statute is like a tyrant, where he comes he makes all void, but the common law is like a nursing father, makes only void that part where the fault is, and preserves the rest.
Էջ 722 - Act had not passed ; and the said several Sections shall not extend to a Devise to any Person or Persons in Fee or in Tail, or for the Testator's whole Estate and Interest charged with Debts or Legacies, nor shall they affect the Power of any such Devisee or Devisees to sell or mortgage as he or they may by Law now do.