[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.
Not exact matches
«When the plain
sense of scripture makes
common sense, seek no other
sense; therefore, take every word at its primary,
ordinary, usual, literal meaning unless the facts
of the immediate context, studied in the light
of related passages and axiomatic and fundamental truths indicate clearly otherwise» (Dr. David L. Cooper)
These forces are the stuff
of everyday life: rates
of birth higher for Mexicans and Mexican - Americans than for most other ethnic groups; a chain
of entirely legal immigration, as Mexican - Americans bestow residency and citizenship on their spouses, children and parents; and a practice
of illegal immigration that is, in the vast majority
of instances, born from
ordinary people exercising
common sense.
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.
The philosophically instructed reader will notice that I have all along been placing myself at the
ordinary dualistic point
of view
of natural science and
of common sense.
We must frankly confess, then, using our empirical
common sense and
ordinary practical prejudices, that in the world that actually is, the virtues
of sympathy, charity, and non-resistance may be, and often have been, manifested in excess.
x) Orthodox (Advaita) Vedanta realizes that substantial pluralism is at best less true than substantial monism; but it fails, in my opinion, to see that the radical pluralism
of actual entities and the radical monism
of God or Nirvana (however one distinguishes these) are the two poles
of the real problem, not the
ordinary substantial pluralism
of common sense, a compromise which bars the path to the highest ethical and spiritual insight.
Carter relies on
ordinary common sense in a town full
of extraordinary but not always sensible minds.
Some
of the greatest physicists have described it as impossible to intuit and impossible to formulate into words, and as invalidating
common sense and
ordinary perception.
Folk wisdom consists
of common -
sense beliefs passed down orally through generations
of ordinary people.
I am prepared to admit the
ordinary beliefs
of common sense, in practice if not in theory.
Good luck with your courageous stand on behalf
of science,
common sense and
ordinary people who rely on scientists to give honest and dependable advice about how to live on this increasingly over-crowded planet.
These may all seem
common sense to SLAW readers, but it does not hurt to revisit and reinforce that the warning bells which apply to us in our
ordinary lives need to be front
of mind even more when dealing with the interests
of clients.
A question
of causation is «essentially a practical question
of fact which can best be answered by
ordinary common sense».
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».
Conversely, another court (in the same circuit, no less) reasoned that «the plain,
ordinary meaning»
of the words was sufficient in taking a «
common sense» approach to defining the concept.
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).
It was argued on behalf
of the landlords that the salvage principle was not restricted to sums falling due only after the date
of the administrator's appointment and that the principle required that as a matter
of common sense and
ordinary justice, the landlords receive payment
of the disputed rent and other sums due, in full, for the period in which the administrator occupied the premises for the purposes
of the administration.
Between late 1996 and early 2007, Canadian tort jurisprudence formally had, at least based on an (ahem) «
common sense», grammatical,
ordinary, plain etc. etc. reading
of Athey, an alternative method for establish factual causation (cause - in - fact) on the balance
of probability.
Plaintiff's injury lawyer says that while a fair amount
of nursing home negligence cases involve some allegation
of medical malpractice, this issue was one
of «basic
common sense» and
ordinary negligence.
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 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».
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.»