Sentences with phrase «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.

Carter relies on ordinary common sense in a town full of extraordinary but not always sensible minds.

My own view, which does not rely solely on religious faith or even on an original idea, but rather on ordinary common sense, is that establishing binding ethical principles is possible when we take as our starting point the observation that we all desire happiness and wish to avoid suffering.

[39] While he was likely also referring to the other part of the Snell mantra, which also quoted, that factual causation «essentially a practical question of fact which can best be answered by application of ordinary common sense» [40] there was no need for that principle given his findings of fact.

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.»

The reality is that, where deportation is refused as a result of the application of Art 8 of the European Human Rights Convention (the Convention), decisions are generally consistent with ordinary common sense and decency.

If the market persists in behaving foolishly, all he seems to need is ordinary common sense in order to exploit its foolishness» Benjamin Graham

[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.

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).

The court confirmed the causation is a practical question of fact best be answered by ordinary common sense.

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».