Sentences with phrase «legal doctrine asserted»

Not exact matches

Sorochan claims that social covenant is of the same «constitutional importance as promises by the representatives of government to the First Nations» where court cases evoked the legal doctrine of «honour of the Crown» which asserts that Canada is honour bound to carry out the promises of the social covenant.

«Judicial estoppel is an equitable doctrine that precludes a party from asserting a position in one legal proceeding that is contrary to a position it had previously asserted in another proceeding.»

It allows judges and lawyers to assert that the Constitution has «always» been viewed as a living tree, 5 and that to disagree with the living tree doctrine is effectively to disagree with Canada's fundamental legal character.

A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation.

Both are issues raised by the defense, the main difference is while comparative negligence involves the allowance of a court finding that numerous parties contributed to the initial injury and therefore share liability damages, the avoidable consequences doctrine asserts plaintiff had a duty to prevent further injury after the the initial legal wrong occurred.