Commentaries on the Law of Sales, Vol. 1 of 2
Author | : Jeremiah Travis |
Publisher | : Forgotten Books |
Total Pages | : 746 |
Release | : 2015-07-05 |
Genre | : Law |
ISBN | : 9781330742839 |
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Excerpt from Commentaries on the Law of Sales, Vol. 1 of 2: And Collateral Subjects In writing a treatise on Canadian Constitutional Law I found two cases, Dobie v. The Temporalities' Board, and Russell v. The Queen, decided by the Judicial Committee of the Privy Council of England, which, on a fair investigation of them, seemed to me to be so entirely unsound as to be absolutely indefensible. As the points involved in them are of the first importance in the construction of the Imperial Act which forms the Constitution of Canada, there was no other course fairly open to me than to undertake to show that these cases are not law. I have every reason to be satisfied with my success in such undertaking. After an exhaustive analysis of them, notwithstanding the high authority of the court by which they had been decided, and that they had been tamely accepted by the Provincial and Dominion courts as though there could be no question as to their soundness, I was driven to the conclusion, which I frankly expressed, that the cases were badly decided. I also hazarded the opinion that as then, for the first time, the unsoundness of those cases had been unanswerably demonstrated, the Supreme Court of Canada could no longer follow them, and the doubt was expressed whether the Judicial Committee themselves would continue to follow them. The sequel proved the correctness of the opinion, and the justification of the doubt. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.