Sentences with phrase «common law concept»

Some countries in Asia, including Hong Kong, Singapore, India, Malaysia and the Philippines, have retained the traditional common law concept of legal professional privilege.

Sovereign immunity, an established common law concept, protects government entities and their employees from civil lawsuits.

who legally owns the property, which is often the person who paid for the asset) and a set of complicated common law concepts known as constructive trusts (where a legal owner can be deemed to actually hold part of an asset in trust for another).

Take, for example, the most elusive of English common law concepts, the principle of causation in tort law.

To this day, however, laws governing property rights during marriage retain outmoded and archaic common law concepts about ownership, possession, and control of marital property that discriminate against women.

@mbomb007 precisely not, because usually $ 1 payments signify and function as legal «consideration», a common law concept wherein no transaction where one of the parties sacrifices nothing can be binding (otherwise it's a gift, not a contract).

In Tsilhqot» in Nation, she states that forcing «ancestral practices... into the square boxes of common law concepts» is to be avoided because it would «frustrate [e] the goal of faithfully translating pre-sovereignty Aboriginal interests into equivalent modern legal rights» (para 32).

The Chief Justice ties the idea of a holistic approach to Aboriginal title to the Aboriginal perspective, saying that «ancestral practices» should not be forced «into the square boxes of common law concepts» (para 32).

The continued growth of international commercial arbitration has proven to be an excellent illustration of the cross-fertilization of civil and common law concepts, even offering a test - bed to further develop best practices in the resolution of transnational commercial disputes.

However, these «imported» common law concepts have not infiltrated the laws and regulations in Macau, which are still largely based on Portuguese law, with its major codes (mainly the Civil Code, Code of Civil Procedure, Commercial Code, Criminal Code and Code of Criminal Procedure) derived from its Portuguese models still in place.

Also useful are links to the Code of Civil Procedure and the Civil Code of Québec, because in addition to translation, there's a need for interpretation between civil code and common law concepts.

[42] The court of appeal went on to quash the decision, on the basis that the arbitrator had wrongly applied the common law concept.

«Everyone is talking about this, and businesses may be well intentioned, but they could end up in hot water inadvertently, especially if their actions violate the ESA, aside from the common law concept of constructive dismissal,» Rose says.

The common law concept of joint tenancy and tenants in common is adopted.

Here, however, the judgment is based on a common law concept of the most general and undefined nature.

The common law concept of «good and valuable consideration» is well anchored in contract drafting and is often used even in Quebec.

What happened is that in the first instances of the case, reference was made by the Quebec justices to the common law concept of profits - à - prendre.

The duty of preservation is a foundational concept in our legal system that grows out of the common law concept of spoliation, which is more than 200 years old: if courts exist to make determinations about disputed facts, and if the trier of fact must make those determinations using the available evidence, then no litigant should be allowed to gain advantage in those determinations by destroying relevant evidence before the trier of fact can consider it.

Since these types of damages have no particular meaning in Quebec law, it is considered a best practice to list in the limitation or exclusion of liability provision the main damages usually included in the common law concept of «consequential or incidental damages,» such as loss of profits, loss of goodwill, and loss of data.

Even though terra nullius is an international law concept which had to be overturned in order to recognize Indigenous people's relationship to land, native title is a common law concept belonging squarely within municipal or domestic law.

A «fiduciary relationship» is a common law concept that creates another layer of protections for your client and another list of prohibitions against what you can and can not do.

In Alberta, some brokerages operate under designated agency where all buyers MUST sign a buyer brokerage agreement, not so if you are a common law brokerage but this is going to change next year, and it may lead to more brokerages going Designated Agency and moving from the common law concept.

Fiduciary duty is a common law concept that exists separate and apart from the statutory duties that are enforced by provincial regulators.