Sentences with phrase «by ordinary common sense»

Many modern Canadian lawyers and judges are likely more familiar with Sopinka J.'s admonition in Snell v. Farrell against «abstract metaphysical theory» — the claim that causation is «essentially a practical question of fact which can best be answered by ordinary common sense rather than abstract metaphysical theory.»

Causation need not be determined by scientific precision; as Lord Salmon stated in Alphacell Ltd. v. Woodward, [1972] 2 All E.R. 475, at p. 490, and as was quoted by Sopinka J. at p. 328, it is «essentially a practical question of fact which can best be answered by ordinary common sense».

Legal causation however need not be determined by scientific precision and is essentially a practical question of fact which can best be answered by ordinary common sense rather than abstract theory.

Causation is essentially «a practical question of fact which can best be answered by ordinary common sense»: Snell v. Farrell at 328, citing Alphacell Ltd. v. Woodward, [1972] 2 All E.R. 475 at 490 (per Lord Salmon).

A question of causation is «essentially a practical question of fact which can best be answered by ordinary common sense».

Not exact matches

It «is no mere extension of ordinary language,» but by its specialized function in a subordinate role intends to be «illuminative of common - sense assertions as a whole.»

It was that message, the «word of the cross» preached by Paul, that struck both Jews and Gentiles as scandalous foolishness, as an offense against both the wisdom of the educated and the common sense of ordinary people.

Ito: Like I mentioned earlier, the story is about an ordinary people, and by our senses, firing around a gun is not very common.

The landmark decision in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98, [1998] 1 WLR 896, signalled the simplicity of the test that in matters of construction the courts were concerned to ascertain the «meaning which the document would convey to a reasonable person» (ie an objective test) by applying «the common sense principles by which any serious utterance would be interpreted in ordinary life».

[33] The judge's outline of causation jurisprudence contains the mantra that causation is «essentially a practical question of fact which can best be answered by application of ordinary common sense»: see 2012 ONSC 320 at paras. 61 - 64.