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14 Dec 2014, 4:00 am by Administrator
Hrynew, 2014 SCC 71 (35380) Nov. 13, 2014 “A summary of the principles … (1) There is a general organizing principle of good faith that underlies many facets of contract law. (2) In general, the particular implications of the broad principle for particular cases are determined by resorting to the body of doctrine that has developed which gives effect to aspects of that principle in particular types of situations and relationships. (3) It is appropriate… [read post]
12 Dec 2014, 12:11 pm by Rebecca Tushnet
  If you have to show evidence of use, that really does have to be public to be “use. [read post]
2 Dec 2014, 11:54 am by Thomas G. Heintzman
Similarly, the actual performance of contracts can be analyzed by asking this question: does this conduct amount to the good faith performance of the contract? [read post]
19 Nov 2014, 4:00 am by Administrator
Hrynew, 2014 SCC 71 [1] The key issues on this appeal come down to two, straightforward questions: Does Canadian common law impose a duty on parties to perform their contractual obligations honestly? [read post]
16 Nov 2014, 9:38 am by S
First, does this mean every dispute of fact? [read post]
6 Nov 2014, 9:01 pm by Dan Flynn
“Indeed, the government has not identified a single case, in any court, in which any American judge has imposed a sentence of incarceration or confinement in a situation like this one, where criminal liability is both strict and vicarious, i.e. where 1) the conviction does not rest on any admission or jury determination that anyone acted with criminal knowledge or intent, and 2) the conviction likewise does not rest on any admission or jury determination that the… [read post]
3 Nov 2014, 1:18 pm by Ralph Behr, Esq
 Ebola, the viral infection that has killed 4,941 people (as of November 1, 2014) in Western Africa is on the minds of U.S. citizens. [read post]
27 Oct 2014, 5:27 am
The first is whether Article 17 of Directive 98/71, which such different regimes allow, violates Article 6 of the European Convention on Human Rights, which safeguards the right to a fair trial. [read post]
26 Oct 2014, 8:23 pm
Chapter Readings·      United Nations Rule of Law, “What is the Rule of Law”[1]·      Norhiro Urabe, “Rule of Law and Due Process: A Comparative View of the United States and Japan,”[2]Law and Contemporary Problems 53(1):61-72 (1990)·      David Clark, “The Many Meanings of the Rule of Law”·      Hamdi v. [read post]