A Selection of Legal Maxims: Classified and Illustrated |
From inside the book
Results 1-5 of 71
Page 5
... effect of destroying the property of large numbers of the community and the other will not , " the Court will " assume that the legis- lature intended the latter to be applied to it " ( q ) . Also as judicially observed where large ...
... effect of destroying the property of large numbers of the community and the other will not , " the Court will " assume that the legis- lature intended the latter to be applied to it " ( q ) . Also as judicially observed where large ...
Page 17
... effect should be given to laws which are passed for the purpose of preserving the sanctity of the day of rest ( q ) . The principal of these , The Lord's Day Act , 29 Car . 2 , c . 7 , s . 1 , enacts , that no tradesman , artificer ...
... effect should be given to laws which are passed for the purpose of preserving the sanctity of the day of rest ( q ) . The principal of these , The Lord's Day Act , 29 Car . 2 , c . 7 , s . 1 , enacts , that no tradesman , artificer ...
Page 25
... effect , operate to repeal the former penalty ( 2 ) . Repeal . It has long been established , that , when an Act of Par- Effect of liament is repealed , it must be considered ( except as to transactions passed and closed ) as if it ...
... effect , operate to repeal the former penalty ( 2 ) . Repeal . It has long been established , that , when an Act of Par- Effect of liament is repealed , it must be considered ( except as to transactions passed and closed ) as if it ...
Page 31
... effect that enactments in a statute are generally to be construed to be prospective , and intended to regulate the future conduct of persons , is deeply founded in good sense and strict justice , and has been acted upon in many cases ...
... effect that enactments in a statute are generally to be construed to be prospective , and intended to regulate the future conduct of persons , is deeply founded in good sense and strict justice , and has been acted upon in many cases ...
Page 32
... B. 778 , 784 . ( ) L. R. 10 Q. B. 195 ; 44 L. J. M. C. 60. See also Ansdell v . Ans- dell , 5 P. D. 138 . ( i ) Per Erle , C. J. , 191 . 10 C. B. N. S. and plain , the Court will give effect to them 32 RULES OF LEGISLATIVE POLICY .
... B. 778 , 784 . ( ) L. R. 10 Q. B. 195 ; 44 L. J. M. C. 60. See also Ansdell v . Ans- dell , 5 P. D. 138 . ( i ) Per Erle , C. J. , 191 . 10 C. B. N. S. and plain , the Court will give effect to them 32 RULES OF LEGISLATIVE POLICY .
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Other editions - View all
Common terms and phrases
Act of Parliament applied Bing chattel cited common law contract Court Court of equity criminal Crown damage debet defendant doctrine duty Earl emblements entitled equity error estoppel ex pte execution fact felony fraud Grand Junction Canal grant H. L. Cas held House of Lords indictment injury Inst instance Insurance intention Jenk Jones judge Judgm judgment jure jurisdiction jury justice king L. J. Ex land lease legislature liable Litt London Lord Brougham Lord Campbell Lord Ellenborough Lord Mansfield maxim Mayor ment Metropolitan Board negligence Nemo observed offence owner party person petition of right plaintiff possession potest principle proceedings quæ question quod reason recognised recover remedy resp Scott Smith stat statute sunt supra Taylor tenant Tindal tion Tofield trespass Vict void Western R. C. Williams writ wrong
Popular passages
Page 866 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 866 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 695 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 695 - The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as • VIP.V's representative. between him and the plaintiff, by accident, if I may so say.
Page 313 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 533 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 545 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 366 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 657 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Page 865 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...