The glowing final chapter of Religion in the Making merely indicates how his minimal theory could be applied to Western theism, and
was in any case vitiated by his growing doubts about nontemporal subjectivity.
Not exact matches
In both cases, the Supreme Court held that the disclosure failings vitiated the orders, and that in Gohil the sealed consent order should be set asid
In both
cases, the Supreme Court held that the disclosure failings
vitiated the orders, and that
in Gohil the sealed consent order should be set asid
in Gohil the sealed consent order should
be set aside.
If for example it
is just that the mediation process should
be examined to ascertain whether an agreement
was vitiated by misrepresentation, the mediator would
be,
in many
cases, the best witness of the relevant facts.
However
in R v Bow Street Metropolitan Stipendiary Magistrate, ex p South Coast Shipping Co Ltd [1993] 1 All ER 219 it
was held that the mere presence of an indirect or improper motive
in launching a prosecution did not necessarily
vitiate it; and the court would
be slow to halt such a prosecution
in the
case of mixed motives unless the conduct
was truly oppressive.
There have
been other
cases where lower courts have found that bodily harm
in the sexual assault context
vitiates consent (see e.g.
R v Welch, 1995 CanLII 282 (ONCA)-RRB-, and the Supreme Court itself has held that consent to sexual activity may
be vitiated in cases involving significant risk of serious bodily harm (
R v Cuerrier, [1998] 2 SCR 371, 1998 CanLII 796;
R v Mabior, [2012] 2 SCR 584, 2012 SCC 47, both dealing with non-disclosure of HIV).
Mummery LJ hinted the
case might have
been decided differently if the company had pleaded two additional defences: that Cavanagh
was in breach of duty
in not informing the company of his misconduct, and that the company's obligation to make the payment
was void or voidable by reason of
vitiating unilateral mistake.