Journal Articles (Law)
Items in this Collection
- 4Comparative Law
- 4Restitution--Canada
- 2Canada
- 2Unjust Enrichment--Canada
- 1Administrative Law
- 1Breach of Contract
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Comparative perspectives on the regulation of assisted reproductive technologies in Canada and the United Kingdom
Download2006
This article highlights some concerns with the regulatory structure envisioned by Canada's new Assisted Human Reproduction Act, principally by comparing Canada's proposed Assisted Human Reproduction Agency (AHRA) with the United Kingdom's Human Fertilisation and Embryology Authority (HFEA). The...
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2001
Discusses the case 'Attorney General v. Blake,' where the Canadian House of Lords accepted the concept of gain-based relief for breach of contract. Calculation of contractual relief with reference either to what the plaintiff lost or what the defendant gained; Delineation of the relevant cause of...
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1990
Introduction: Historically, the common law's attitude towards one who mistakenly provided non-monetary benefits to another, who neither requested nor acquiesced in their conferment, was tight-fisted and fiercely individualistic. \"One cleans another's shoes; what can the other do but put them...
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2002
Introduction: The orthodox response to a breach of contract is compensation. The defendant must, through the monetary proxy of damages, place the plaintiff in the position that she would have enjoyed if the contract had been properly performed. The value of that remedy is calculated exclusively...
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The Canadian principle of unjust enrichment: Comparative insights into the law of restitution
Download1999
In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects,...
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The democratic challenge of incorporation: International human rights treaties and national constitutions
Download2007
According to Canadian Supreme Court Justice Claire L'Heureux-Dube, the global judicial community is engaged in a process of dialogue, especially in cases involving the determination of constitutionally protected human rights. However, as this author notes, if there is a process of dialogue taking...