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Articles 31 - 38 of 38
Full-Text Articles in Law
Frames Of Reference For Legal Ideals, W. L. Morison
Frames Of Reference For Legal Ideals, W. L. Morison
Dalhousie Law Journal
The publication of Canada's most newly established legal journal by Canada's oldest established common law school naturally prompts reflections concerning the elements of continuity and change in legal writing, and legal thinking generally. Legal writing has so radically changed during the existence of Canada's oldest common law school, or for that matter during the existence of Australia's oldest law school to which the writer belongs, that articles written even during the earlier part of this century excite feelings of nostalgia in some people. In welcoming an article published in the Sydney Law Review in the nineteen fifties, Dean Erwin Griswold …
In The Last Resort: A Critical Study Of The Supreme Court Of Canada, L. C. Green
In The Last Resort: A Critical Study Of The Supreme Court Of Canada, L. C. Green
Dalhousie Law Journal
Paul Weiler has given us a book which can help end the sterile debate between the analytical school and those who advocate a policy-oriented approach to legal analysis. Weiler demonstrates that each of these groups is making a valid claim on our legal system in terms of the common law tradition, and that an appropriate style of legal reasoning in the Supreme Court of Canada requires a blending of legal policy and doctrinal analysis. The interesting thing to discover is that the style of reasoning urged by Weiler looks like the tradition of the common law at its best, as …
The Creative Role Of Law, I. F. G. Baxter
The Creative Role Of Law, I. F. G. Baxter
Dalhousie Law Journal
A few years ago, the writer was asked by a professional association (concerned with pharmacy) to organize the legal side of a research project. The project was to examine the state of the profession and to produce a new design for the future. The suggestion was made that the legal part of the report should be done first so that the other reporters could know what they could or could not suggest in making their proposals. It was replied (by the legal researchers) that law too is a planning variable, and that law's true role is not to confine desirable …
The Law Reform Commission Of Canada, John Barnes
The Law Reform Commission Of Canada, John Barnes
Dalhousie Law Journal
The work of the Law Reform Commission of Canada prompts a reconsideration of our understanding of the meaning and process of law reform.1 After referring to one recent attempt in England to change the law of evidence in criminal cases, I will review certain misconceptions about the meaning of law reform and then consider the extent to which these misconceptions have been avoided by the Canadian commission.
The Declaratory Judgment: Its Place As An Administrative Law Remedy In Nova Scotia, David Mullan
The Declaratory Judgment: Its Place As An Administrative Law Remedy In Nova Scotia, David Mullan
Dalhousie Law Journal
In recent years there has been considerable writing throughout the Commonwealth on the potential of the declaratory judgment as a remedy for reviewing unlawful administrative action. 2 It is not my purpose in this note to add to the already ample general discourse on this topic. Rather, I will be concentrating on some particular aspects of the remedy, aspects which have been brought into prominence by recent legislative changes and judicial decisions.
Corporate Conspiracy: Problems Of Mens Rea And The Parties To The Agreement, M. R. Goode
Corporate Conspiracy: Problems Of Mens Rea And The Parties To The Agreement, M. R. Goode
Dalhousie Law Journal
The essence of conspiracy is the agreement or plot formed between two or more parties. Thus, in R. v. Aspinall, for example, Brett J. A. said: ". . . . the crime of conspiracy is completely committed, if it is committed at all, the moment two or more have agreed that they will do, at once and at some future time, certain things." It follows that criminal conspiracy may be loosely defined as a criminal contract: an agreement between two or more "persons". Emphasis will be placed upon the elements of that required agreement in the discussion that follows. First, …
Inherent Vice And Contracts For The Sale Of Goods, B. G. Hansen
Inherent Vice And Contracts For The Sale Of Goods, B. G. Hansen
Dalhousie Law Journal
The question of who is to bear the loss from the natural deterioration of goods during shipment to a consignee is one that has caused considerable trouble for Commonwealth courts. Even within Canada, where there has been a certain amount of judicial comment, the issue remains to be finally determined. Moreover, most of the local authority is dated to the extent that it is generally to be found in pre 1930 reports.' This note is an attempt to outline briefly the current state of the law as to the allocation of loss caused by inherent vice in the course of …
Interpretation Of Restriction Of Risk Clauses In Automobile Insurance Policies, James A. Rendall
Interpretation Of Restriction Of Risk Clauses In Automobile Insurance Policies, James A. Rendall
Dalhousie Law Journal
A recent British Columbia case, Sabell et al. v. Liberty Mutual Insurance Company has attempted a definition of the standard automobile insurance policy restriction against "driving in connection with the business of selling automobiles".' This judgment by Ruttan, J. is mildly surprising for a number of reasons. It places a generous interpretation on a clause used by an insurer to restrict its risk and, in the result, recovery is denied to a third party claimant. Thus, the judgment represents something of a departure from the usual judicial treatment of exclusion clauses which are most commonly construed rather strictly against the …