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Canada Steamship Lines Ltd V The King
''Canada Steamship Lines Ltd v R'' , also referred to as Canada Steamship Lines Ltd v The King,Wyatt, D.Applying Canada Steamship principles on interpretation of exclusion clauses ''Lexology'', published 27 November 2012, accessed 27 February 2023 is a Canadian contract law case, also relevant for English contract law, concerning the interpretation of unfair terms ''contra proferentem''. The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949. Although arising in civil law under the Civil Code of Lower Canada, it has been influential in similar cases under English law, but is now recognised as providing "guidelines" rather than an "automatic solution". Facts In November 1940, Canada Steamship Lines Ltd (CSL) entered into a Crown lease for a twelve-year term, in which it became a tenant of certain dock property on which was situated a freight shed, on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxy-acetylene
Principle of burn cutting Oxy-fuel welding (commonly called oxyacetylene welding, oxy welding, or gas welding in the United States) and oxy-fuel cutting are processes that use fuel gases (or liquid fuels such as gasoline or petrol, diesel, bio diesel, kerosene, etc) and oxygen to weld or cut metals. French engineers Edmond Fouché and Charles Picard became the first to develop oxygen-acetylene welding in 1903. Pure oxygen, instead of air, is used to increase the flame temperature to allow localized melting of the workpiece material (e.g. steel) in a room environment. A common propane/air flame burns at about , a propane/oxygen flame burns at about , an oxyhydrogen flame burns at and an acetylene/oxygen flame burns at about . During the early 20th century, before the development and availability of coated arc welding electrodes in the late 1920s that were capable of making sound welds in steel, oxy-acetylene welding was the only process capable of making welds of excepti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council Cases On Appeal From Canada
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Contract Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hollier V Rambler Motors (AMC) Ltd
''Hollier v Rambler Motors (AMC) Ltd'' is an English contract law case, concerning the incorporation of terms into a contract and the ''contra proferentum'' rule of interpretation. It shows an example of a very hostile interpretation of exclusion clauses. Facts Walter Hollier took his Rambler car to an automobile repair shop, Rambler Motors. He had been to this garage on three or four occasions in the past five years before, and he had usually signed an invoice which said the "company is not responsible for damage caused by fire to customers’ cars on the premises." He did not sign the form on this occasion. Unfortunately, some wiring in the garage was faulty. Rambler Motors had negligently failed to inspect or maintain the wiring in the shop. A fire broke out and burnt down the garage, with Hollier's car in it. Hollier sued Rambler Motors for the cost of his car. Judgment The Court of Appeal held that a previous course of dealing did not incorporate the term, because there ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpreting Contracts In English Law
Interpreting is a translational activity in which one produces a first and final target-language output on the basis of a one-time exposure to an expression in a source language. The most common two modes of interpreting are simultaneous interpreting, which is done at the time of the exposure to the source language, and consecutive interpreting, which is done at breaks to this exposure. Interpreting is an ancient human activity which predates the invention of writing. However, the origins of the profession of interpreting date back to less than a century ago. History Historiography Research into the various aspects of the history of interpreting is quite new. For as long as most scholarly interest was given to professional conference interpreting, very little academic work was done on the practice of interpreting in history, and until the 1990s, only a few dozen publications were done on it. Considering the amount of interpreting activities that is assumed to have occurr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Contract Terms Bill
The Unfair Contract Terms Bill is a proposed Act of Parliament of the United Kingdom, which would consolidate two existing pieces of consumer protection legislation, the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 into one Act. It would resolve existing ambiguities, and eliminate overlapping provisions, but also slightly raise consumer protection standards in favour of small businesses. Developments In the end, the UK government followed many of the proposals in the Unfair Contract Terms Bill. But instead Parliament created a separate Consumer Rights Act 2015, and left the Unfair Contract Terms Act 1977 in place, with consumer rights removed. See also * English contract law *Unfair Contract Terms Act 1977 *Unfair Terms in Consumer Contracts Regulations 1999 The Unfair Terms in Consumer Contracts Regulations 1999SI 1999/2083 is an old UK statutory instrument, which had implemented the EU (then EEC) Unfair Consumer Contract Terms Dir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation. The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a ''consumer''. It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083), as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The Law Commission and the Scottish Law Commission have recommended that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how careful the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Holland Locke
Charles Holland Locke, (September 16, 1887 – May 30, 1980) was a Canadian Justice of the Supreme Court of Canada. Born in Morden, Manitoba, he served articles first with a law firm in Morden, then moved to Winnipeg to finish his articles in the office of Albert Hudson, who was later appointed to the Supreme Court. Locke was called to the bar of Manitoba in 1910 but interrupted his legal practice to serve overseas with the Canadian military in World War I, being awarded the Military Cross. After the War, he returned to practise in Winnipeg, but in 1928 he moved to Vancouver, joining the bar of British Columbia. Locke was appointed to the Supreme Court of Canada on June 3, 1947, filling the vacancy caused by the death of his mentor, Albert Hudson. He was the first person born in western Canada to be appointed to the Supreme Court. He served as Puisne Justice until September 16, 1962. In 1971, he was made a Companion of the Order of Canada. Personal life His son, Charles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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