Revue Du Barreau Canadien, Volume 19Carswell Company, 1941 - Bar associations |
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Page 419
... mistake was void in law , so that any payment made under such mistake was recoverable . The mistake , being of the character that it was , prevented there being that intention which the common law regards as essential to the making of ...
... mistake was void in law , so that any payment made under such mistake was recoverable . The mistake , being of the character that it was , prevented there being that intention which the common law regards as essential to the making of ...
Page 420
common mistake . " Lord Wright makes the comment that " at common law such a contract ( or simulacrum of a contract ) is more correctly described as void , there being in truth no inten- tion to contract " .58 He then points out that ...
common mistake . " Lord Wright makes the comment that " at common law such a contract ( or simulacrum of a contract ) is more correctly described as void , there being in truth no inten- tion to contract " .58 He then points out that ...
Page 424
... mistake when the mistake has been on one side only ; and even when the mistake on the part of the defendant resisting specific performance has not been induced or contributed to by any act or omission on the part of the plaintiff ...
... mistake when the mistake has been on one side only ; and even when the mistake on the part of the defendant resisting specific performance has not been induced or contributed to by any act or omission on the part of the plaintiff ...
Contents
AVIATION THE CANADIAN LAW OF CIVIL By B V Richardson K C 576 | 22 |
GOLD J Accord and Satisfaction by a Stranger 165 | 31 |
Ecclesiastical DecreeEnforcementRight to Specific Restitution | 54 |
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accord and satisfaction action adopted agreement amendment American apply Attorney-General authority Bar Association Bar Rev British British Columbia Canada Canadian Bar Canadian Bar Association CANADIAN BAR REVIEW civil claim Committee common law condition conflict of laws conflict rule contract conviction corporation Court of Appeal creditor criminal damages debt debtor decision defendant discharge doctrine domicile Dominion effect England English law executor fact held imposed intended interest invitee judge judgment jurisdiction jury Justice labour land lawyers legislation legislature liability licensee Lord Lord Atkin Manitoba matter ment negligence obligation offence Ontario paid-up capital party payment person plaintiff principle Privy Council probation profession Province provision Quebec question reason reference regard Regulation renvoi respect satisfaction situs statute statutory stranger succession duty supra taxation testator tion Toronto tort trade union trust