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Full-Text Articles in Law
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Dalhousie Law Journal
The extent to which "hypersensitivity" can serve as a legal basis for demanding additional compensation has always been a controversial issue in tort law. A key challenge facing courts lies in determining how the "thin-skull rule," traditionally related to physical conditions that predispose an individual to additional injury, can be applied to claims from "hypersensitive" plaintiffs citing personality-linked vulnerabilities of a religious, socio-cultural, or psychiatric nature. This article critically evaluates the viability of the "ordinary-fortitude test" adopted by the Supreme Court of Canada in Mustapha v. Culligan, and discusses the relative merits of a "multi-factorial test" in determining the admissibility …
Twu Law: A Reply To Proponents Of Approval, Elaine Craig
Twu Law: A Reply To Proponents Of Approval, Elaine Craig
Dalhousie Law Journal
Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant, pledging not to engage in same-sex intimacy. The purpose of this article is to offer a reply to the arguments advanced by proponents of granting law society accreditation to TWUs proposed program. The paper rejects six of the central claims that proponents ofapproval have advanced. First it responds to the claim that TWU does not actually discriminate against the LGBTQ community. Second …