Sentences with phrase «legal doctrine of»

The legal doctrine of caveat emptor («let the buyer beware») continues to apply to real estate transactions in BC today, and can have the effect of denying the buyer a remedy for defects and deficiencies discovered in the property after purchase.

They are thus governed by the legal doctrine of caveat emptor or buyer beware, and have to accept these defects on closing, unless they include a clause in their agreement that the seller will repair the defect.

The resolution of the dispute between Barry and Angie centers on the application of the legal doctrine of procuring cause.

Photo / painting above: Eddie Koiki Mabo (c. 29 June 1936 — 23 January 1992) from the Torres Strait Islands known for his role in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia which overturned the legal doctrine of terra nullius («land belonging to nobody») which characterised Australian law with regard to land and title

However, the recognition and protection of those right and interests in Australian law occurred only recently, with the High Court's 1992 decision in Mabo (No. 2).128 There the Court found that the legal doctrine of terra nullius, or «land belonging to no one», that had applied from the British colonisation of Australia, was false.

The contribution of Eddie Mabo in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia which overturned the legal doctrine of terra nullius («nobody's land») which characterised Australian law with regard to land and title was also recognised.

The physician is potentially liable under the legal doctrine of respondeat superior, and can also be liable under the theory of negligent delegation.

At issue in the case was the legal doctrine of «laches.»

Under the legal doctrine of»

Under the legal doctrine of «constructive receipt,» realization happens at the time income is «made available» to the taxpayer.

The legal doctrine of res judicata can cause an Application at the Human Rights Tribunal to be dismissed.

In some cases, the legal doctrine of respondeat superior allows an accident victim to recover from a driver's employer, if the driver was performing job duties at the time of the accident.

In the context of ICBC injury claims, the legal doctrine of «crumbling skull» occurs where a claimant already has a deteriorating condition which is made worse and accelerated by a Defendant's negligence.

According to the legal doctrine of contributory negligence, if you are found to be in any way at fault for your own injuries, you would likely not be able to recover any compensation for your injuries and other related losses.

In a case where a hospital employee commits malpractice, the hospital itself may be held liable under the legal doctrine of «respondeat superior.»

The legal doctrine of constructive dismissal permits an employee to treat fundamental changes to their job as effectively amounting to their termination.

When a hospital employee's malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of respondeat superior.

Plaintiffs» claims are barred by the legal doctrine of assumption of risk.»

This is part of the legal doctrine of functus officio... In enabling Justice Camp to break this fundamental rule, the Federal Court's statement has compounded the offences to the rule of law and to the independence of Canada's judiciary from politics.»

Under the legal doctrine of scienter, a dog owner may not be liable for a dog bite if the dog had never bitten somebody or had never shown a propensity to attack in the past.

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.

The panel of judges ruled that 25 of Prince's 30 «Canal Zone» collage - paintings fairly sourced images from Cariou's book Yes, Rasta according to the legal doctrine of «fair use,» which allows artists to employ other creators» imagery as long as they «transform» it into something substantively new.

The legal doctrine of «insurable interest» [II] is critical to the life insurance industry.

Under the legal doctrine of civil asset forfeiture, your money can be accused of a crime, seized, and tried separately from its owner.

This above is supported by the legal doctrine of «nemo judex in sua causa» (no - one should be a judge in his own cause) held scared in most democratic societies.

I find it hard to see the Obama administration articulating a legal doctrine of preemptive self defence claim in this scenario.

Yet in the course... of rationalization of legal thinking on the one hand and of the forms of social relationships on the other, the most diverse consequences could emerge from the non-juridical components of a legal doctrine of priestly make.

OTTAWA — Previous Right to Know columns have considered the legal doctrines of «proof beyond a reasonable doubt» and «the presumption of innocence» in the context of examining the critical roles that defence lawyers and prosecutors play in our justice system.

Not exact matches

We hope to create a robust conversation that maps the past and future of legal theory and doctrine related to entrepreneurship — defining that concept broadly in terms of industry and size.

Watch Video The Hon. Justice David Stratus on «Reflections on the Decline of Legal Doctrine» Filmed on January 8, 2016 at the Canadian Constitution Foundation's 2016 Law & Freedom Conference.

Scholasticism Theology moved from the monastery to the university Western theology is an intellectual discipline rather than a mystical pursuit Western theology is over-systematized Western Theology is systematized, based on a legal model rather than a philosophical model Western theologians debate like lawyers, not like rabbis Reformation Catholic reformers were excommunicated and formed Protestant churches Western churches become guarantors of theological schools of thought Western church membership is often contingent on fine points of doctrine Some western Christians believe that definite beliefs are incompatible with tolerance The atmosphere arose in which anyone could start a church The legal model for western theology intensifies despite the rediscovery of the East

Christians are still the dominant religion, the wall of separation is still in place and, as Doc pointed out below, for countries where gay marriage is already legal, «NONE of those countries has a church been mandated to perform ceremonies that run counter to their doctrine.»

... and also there was apparently marital infidelity, theologically justified by The Doctrine of Spiritual Wives versus Legal Wife, and gaslighting of Julie and labeling her as «crazy» apparently as a way to blamer her as the cause of the divorce.

I get that someone who has messed up their marriage might be your friend and ministry associate, and that you might want to give them the benefit of the doubt and believe them... But when they invent a false doctrine of spiritual versus legal marriage, surely some kind of red flag has to go up?

Typical of this approach are the activities of Nader's organization, Common Cause, legal aid for the poor, Chavez» organization of farm workers, the enforcing of civil rights, legislation for minority groups, and revival and application of the doctrine of just war to international conflict.

There were the economic, political, and legal problems of modernity — the aspects of modern life that made necessary the development of «social doctrine.»

Hoefer 1979) says that the «rite has become a legal condition for the entry into the church which functions as a religious communal group; in this context it fails to convey its full meaning and purpose as the expression of or solidarity with the new humanity in Christ which transcends all communal or caste solidarities»; he also refers to the conclusion of Joseph Belcastro's book A New Testament Doctrine of Baptism for Today, that «the N.T. does not teach that baptism was a condition of salvation or church membership, but baptism was to be available for the disciples of the coming church....

Describing euthanasia as «this ghastly doctrine» which «tries to justify the murder of blameless men and would seek to give legal sanction to the forcible killing of invalids, cripples, the incurable and the incapacitated» he went on:

The legal problem is not the federal Constitution; under current doctrine the Establishment clause of the First Amendment is irrelevant.

God's covenant with Noah which asks fallen humanity to establish a society based on reverence for life and a legal justice that protects the innocent human beings from the murderer who is around; and God's call to Moses to liberate the Israelite people from Pharaoh's slavery; and God permitting monarchy with new perils of oligarchy to destroy the more human Tribal Federation to liberate the Israelites from the technically superior Philistines in Palestine; and Paul's doctrine that the Roman State, which he knew had its role in crucifying Jesus.

Here's another, scarcely less oratorical in character, from the Congregation for the Doctrine of the Faith: the title of this document (another wonderful example of Vatican bogus academic language when what is needed is a competent journalist used to writing informative headlines) is «Considerations regarding proposals to give legal recognition to unions between homosexual persons» (2003): The Church's teaching on marriage and on the complementarity of the sexes reiterates a truth that is evident to right reason and recognised as such by all the major cultures of the world.

The solution is a return to the pre-Constantinian practice of the Church in which a Church marriage is a purely sacramental matter, subject to the doctrine and disciplines of the Church, but without legal standing.

The specifics of the sacramentality of marriage, however, was a developing doctrine until the eleventh century, and as such there was little legal or theological consensus as to what exactly made marriage valid.

Reaffirmation of the doctrine that religious motivation does not override substantial secular concerns relating to health and welfare was recently evidenced by the United States Supreme Court determination that sale and distribution of drugs, even though religiously motivated, was not immunized from legal accountability.

And when it comes to immunizing such «choices» from legal restriction or even private remonstration, the Court's liberals can be counted upon to flip on the switch of what Justice Antonin Scalia, writing in dissent, describes as «the ad hoc nullification machine that [is] set in motion to push aside whatever doctrines of constitutional law stand in the way of the highly favored practice of abortion.»

Russell Hittinger has brought out further complexities of Thomistic developments in the wake of Aeterni Paths: «Thomists developed rather freewheeling accounts of the political, economic, legal and social order -LSB-... putting] Thomism in an offensive mode as far as social doctrine went -LSB-... whereas] in matters related to sacred doctrine [philosophical] Thomism would be put into a defensive role» such that scholasticism could not be publicly challenged within the Church.

This concern has derived, in part, from the growing recognition that the triumph of strict separationism as a legal doctrine, with its promise to expunge all religious symbols from the public arena, may actually infringe upon the free exercise of religion cherished by American Jews.

State officials should not appeal to the authority of sacred doctrines or to personal revelation to justify the legal coercion of all citizens.

Citizens United overturned a century of legal doctrine when it ruled that pursuant to the Free Speech Clause of the First Amendment, corporations and labour unions have the right to spend unlimited amounts of money through ads, commercials and other political tools to support or oppose candidates for office.

The SC's breaches of the above cited constitutional Articles and its total disregard for legal doctrines and principles that are international customary practices are not only unconstitutional but also tantamount to scandalising the judiciary.