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accused action affidavit agent agreed agreement alleged allowed amount appeal application assignment authority balance BANC brought Brown cause charge circumstances claim conclusion condition consideration contained contract costs Court damages default defendant delivered district effect engine entitled evidence execution express fact follows further give given ground held hold intended interest issued Johnstone Judge judgment jurisdiction Lamont land Land Titles learned letter liable lien material matter meaning ment mentioned mortgage necessary notice November objection obtained opinion owner paid parties payment performance person plaintiff possession proceedings provisions purchaser question reason received recover referred Regina registered registrar respect Ross rule sell shew signed sold solicitor statement taken thereof tion transfer trial trial Judge tried vendor warranty Wetmore White
298 페이지 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
343 페이지 - 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.
342 페이지 - But what the master is, in my opinion, bound to his servant to do, in the event of his not personally superintending and directing the work, is to select proper and competent persons to do so, and to furnish them with adequate materials and resources for the work. When he has done this, he has, in my opinion, done all that he is bound to do, and if the persons so selected are guilty of negligence, this is not the negligence of the master...
333 페이지 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that thf goods shall be reasonably fit for such purpose...
230 페이지 - In actions in personam there are five case in which the Courts of this country will enforce a foreign judgment: (1) where the defendant is a subject of the foreign country in which the judgment has been obtained; (2) where he was resident in the foreign country when the action began; (3...
85 페이지 - ... complaint shall be for one matter of complaint only, and not for two or more matters of complaint ; and every such information shall be for one offence only, and not for two or more offences...
386 페이지 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury could properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
34 페이지 - ... such fair, large, and liberal construction and interpretation as will best ensure the attainment of the object of the Act and of such provision or enactment according to its true intent, meaning, and spirit.
425 페이지 - ... any rule of law or equity to the contrary notwithstanding, and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud.
490 페이지 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.