User:Elinruby/workspace
Fresno
Fuller Acres Kern County
Differences from common law[edit]
The concept of ordre public is specific to the Roman/civil legal system and doesn't really exist in common law. Civil law focuses far more on consent:
- a contract is binding when the parties consented to it and therefore cannot withdraw
- It may be null (void) and the nullity may relative because it is contrary to the public policy interest of protecting a private interest, for example in cases of defective consent.[1]
- It may be void and its nullity absolute because if it is contrary to the ordre public.[2]
In common law, judges do not reason in this manner and do not rely as much on consent: the foundation of their approach lies on an economic analysis of the law; it is a matter of finding a solution that yields the proper Pareto efficiency between the parties. The goal of a common law judgement is an optimal allocation of resources between the contracting parties, the seller wishing to be paid a sum of money for the sold item and the buyer wishing to acquire the good he wishes to purchase.[3] A typical decree that illustrates this reasoning by commmon law judges is ProCD, Inc. v. Zeidenberg,[4] which concerned the enforceability of shrinkwrap licences, and the judge based his ruling on the economic goals of the two parties.[5]
That said, there nonetheless exists in common law a concept that is comparable but of lesser importance, known as the public policy doctrine, which can invalidate judicial acts that are contrary to the rules of ordre public. For example, in Canada Trust Co. v. Ontario Human Rights Commission,[6] the rules for the distribution of funds from a charitable trust were declared contrary to public order in light of this doctrine because the criteria for grants to beneficiaries promoted white supremacy,[7] contrary to a public policy goal, combatting discrimination, of the Canadian province of Ontario.[8]
Fiducie: trust
Cariatif: charity Elinruby (talk) 17:35, 16 January 2023 (UTC)
Elinruby (talk) 18:03, 16 January 2023 (UTC)
Bon père de famille - man in the street? Reasonable man? Arises in discussions of interpretation
fourrière - in this article I translated as impound, which I think is correct here, but apparently can also mean pound as in animal shelter. The major point appears to be government custody
Difness
Lectures in NPOV [1]
- ^ Nullity, FindLaw Legal Dictionary, Merriam-Webster's Dictionary of Law 1996
- ^ Baudouin, Jean-Louis, Pierre-Gabriel Jobin et Nathalie Vézina. Les obligations (Duties), 7th edition, Cowansville (Quebec), Éditions Yvon Blais, 2013
- ^ Swan, Angela, and Jakub Adamski. Canadian Contract Law, 3rd ed. Markham, Ont.: LexisNexis, 2012
- ^ 86 F.3d 1447
- ^ Angela Swan, Nicholas C. Bala, Jakub Adamski. Contracts: Cases, Notes and Materials, 10th Edition. Toronto: LexisNexis Canada, 2020.
- ^ [1990] OJ No 615 (QL)
- ^ Could the Charter be extended to prohibit discrimination in a will?, Peter S. Spiro, November 3, 2019, CanLII
- ^ Mark R. Gillen, Faye Woodman, Jeffrey B. Berryman, David Freedman, Philip Girard, Matthew P. Harrington, Darcy MacPherson, Kent McNeil, Mary Jane Mossman, Jim Phillips, Donn Short. The Law of Trusts: A Contextual Approach. 4th edition. Toronto: Emond Publishing, 2021