August 12, 2008

Competing Rights to Mingled Property: Tracing and the Rule in Clayton’s Case (1983)

This project concerns problems that arise from time to time when money belonging to two or more people is mingled in a single bank account. More specifically the project examines the rule in Clayton’s Case, which raises a presumption that the sum first paid into the account is the sum Read more…

Foreign Money Liabilities (1983)

This project examines developments in English law dealing with the complex issue that arises when the currency in which a litigant’s claim is asserted differs from the currency of the forum in which the claim is litigated. The English developments are examined in a Canadian context, and recommendations are made Read more…

Breach of Promise of Marriage (1983)

When a couple become engaged many people might be surprised to learn that their agreement to marry is regarded by the common law as a legally binding contract. If one party wishes to withdraw from the engagement, they do so at the risk of being liable for damages in an Read more…

Peremptory Challenges in Civil Jury Trials (1983)

In civil actions a litigant has a limited right to exclude a person, without giving reasons, from sitting on the jury that will hear the matter. This right is referred to as a peremptory challenge. This project examines some of the procedural problems that have arisen concerning peremptory challenges. Keywords: Read more…

Interspousal Immunity in Tort (1983)

In British Columbia it is not possible for one spouse to sue the other in tort. To most observers, this rule is an anachronism. This project examines the rule and considers whether it should be retained or replaced with a modern statement of the law concerning the rights of spouses Read more…