ADMS 2610 Lecture Notes - Lecture 1: Land Law, Canada Act 1982, Public Law
14 Apr 2018
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Land law: covers purchase or leasing of premises or financing of purchase of land and buildings. Includes penalties or complete government control: usually goes against individual and alters right and behavior pattern, debatable, three functions of the law, settling dispute, ensure fairness, establishment of rule, direct energies of individuals in orderly fashion, protection. Judges made decision according to written records: sources of law, common law. Law as found in recorded judgments of court known as (cid:862)case law(cid:863) (cid:862)statutes(cid:863) are laws based by properly constituted legislative body. Influences today: merchant law, customers or rules established by merchants to resolve dispute, ex. Sales of goods legislation: equity, rules originally based on decision of king, fairness, equality, justice, overcomes harshness of common law, takes precedence over common law when equity and common law conflict, statute law, statute. Laws made by govt: result of legislative process, debated, voted upon, then passed through strict process, protect democratic principles, process, different than federal and provincial, 1.
