August 12, 2008

The Action Per Quod Servitium Amisit (1986)

Keywords: per quod servitium amisit; master; servant; employer; employee; injury; damages; special; general; husband; wife; consortium; parent; child; compensation; relational; proprietary; interest; service; loss; liability; wage; minor The action per quod servitium amisit (“whereby he lost the service [of his servant]”) permits a person to recover damages for the loss Read more…

Shared Liability (1986)

Keywords: joint; several; vicarious; liability; apportionment; wrongdoer; contributory negligence; costs; settlement; trust; contract; duty of care; breach; Uniform Contributory Fault Act; tortfeasor; concurrent; indemnity; last clear chance; contribution When two or more persons share liability to another, difficult procedural and substantive issues may arise. How is liability to be apportioned Read more…

Spousal Agreements (1986)

Keywords: family; marriage; matrimonial; spouse; spousal agreement; separation agreement; maintenance; support; property; entitlement; husband; wife; Family Relations Act; contracting out; waiver; divorce; separation; agreement The Family Relations Act permits spouses to enter into agreements relating to the division of property and maintenance obligations in the event of a marriage breakdown. Read more…

Mortgages of Land: The Priority of Further Advances (1986)

Keywords: mortgage; land; property; priority; advance; construction; lien; floating charge; security; running account; encumbrance; debenture; tacking; claim; second; default; builders lien; credit; debtor; creditor; judgment; lender; Yorkshire Trust Co. v. Canusa Construction Ltd.; registration; receiver; equitable This project examines the fallout from a 1978 decision to restate the old equitable Read more…

Personal Liability Under a Mortgage or Agreement for Sale (1985)

When a borrower defaults on a loan that has been secured by a mortgage the lender will typically foreclose on the mortgaged property and may also sue the borrower personally. This project examines the law and practice governing personal liability under mortgages and agreements for sale. The report highlights certain Read more…