(Download) "Justice Rand's Commercial Law Legacy: Contracts and Bankruptcy Policies (Canada)" by University of New Brunswick Law Journal # eBook PDF Kindle ePub Free
eBook details
- Title: Justice Rand's Commercial Law Legacy: Contracts and Bankruptcy Policies (Canada)
- Author : University of New Brunswick Law Journal
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 322 KB
Description
An article on Justice Rand's commercial law jurisprudence provides a number of challenges. Much has been made of his contributions in constitutional law and the impact of "policy considerations" on freedoms of speech and religion. (1) His voice, it has been said, "reverberates even in our most recent constitutional jurisprudence, be it federalism, civil liberty or social justice." (2) His decision in Roncarelli v. Duplessis (3) stands as a classic in constitutional law, leading one author to conclude that "during his time on the Supreme Court of Canada, Justice Rand almost stands alone among Canadian judges as the most aggressive and assertive defender of individual liberties." (4) Yet little has been said of his contribution to the commercial field. Justice Rand participated in sixty-nine broadly classed commercial law and contracts cases. (5) Does Justice Rand's commercial law jurisprudence have a legacy? This essay seeks to answer that question. What constitutes "commercial law" is open to debate. (6) In Canadian law schools, there are a variety of approaches to its teaching. Sales, consumer protection, secured transactions, banking and bankruptcy may all find a home in a broad commercial law survey course. Alternatively, instructors may teach each of these topics as stand-alone courses. This paper does not examine every facet of commercial law. Nor does it purport to cover corporate law, (7) banking law (8), intellectual property (9) or restitution. (10) Roy Goode suggests that commercial law is "that branch of law which is concerned with rights and duties arising from the supply of goods and services in the way of trade." (11) This definition implies that commercial law's core consists of sales, secured transactions along with underlying contract principles. To this list, one can add bankruptcy law, as each commercial transaction raises the possibility of the financial failure of one of the parties. (12)
 "Justice Rand's Commercial Law Legacy: Contracts and Bankruptcy Policies (Canada)" by University of New Brunswick Law Journal # eBook PDF Kindle ePub Free){kind=link}