Canadian Law Fundamentals: Key Concepts and Landmark Cases
Canadian Law: Foundations and Key Terms
- Anarchist Law: Rejects all laws as unjust. Example: Refusing to pay taxes.
- Colonial Law: Law as a tool of colonial control. Example: Residential school laws.
- Dialectical Materialism: History shaped by class conflict. Example: Capitalism replacing feudalism.
- Feminist Legal Theory: Law reflects male bias. Example: Reforming domestic violence laws.
- Indigenous Law: Rooted in tradition and land. Example: Healing circles.
- Injustice: Unfairness. Example: Racial profiling.
Essential Legal Contracts and Key Definitions
Understanding Legal Contracts
Core Contractual Concepts
Contract
An agreement between two or more persons creating mutual rights and obligations. Most contracts are consensual, meaning they are formed by the consent of both parties.
Cause of the Contract
The decisive reason that leads the parties to enter into the contract.
Form of Contract
The manner in which parties express their willingness to conclude a contract. Forms can be:
- Express: Has an outward manifestation, expressed verbally (through word)
Judicial Use of Constituent Assembly Debates
Introduction
The Constituent Assembly Debates (CAD) of India, spanning from 1946 to 1950, represent a foundational moment in the creation of the Indian Constitution. These debates, involving figures like B.R. Ambedkar and Jawaharlal Nehru, have become a crucial interpretive resource for courts, scholars, and legislators seeking to understand the intent and philosophy underlying constitutional provisions13. This essay explores the theoretical approaches to statutory interpretation that justify or
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Characteristics of Legal Language
Legal language is a unique and specialized form of communication used in the legal profession. It has distinct characteristics that set it apart from everyday language. Understanding these characteristics is essential for effective communication in legal contexts.
Key Features
- Formality: Legal language is formal and avoids colloquialisms, slang, and contractions. This formality helps to convey authority, seriousness, and precision.
- Precision: Legal language aims to
Company Law Fundamentals: Formation, Features, and Share Capital
Definition and Features of a Company
Definition of Company
A Company is a voluntary association of individuals, formed to carry on a business and registered under the Companies Act. It is a legal entity separate from its members, having perpetual succession and a common seal.
According to Section 2(20) of the Companies Act, 2013: “A company means a company incorporated under this Act or under any previous company law.”
Features of a Company
- Incorporated Association: A company must be registered under
Legal Contracts: Definitions, Classifications, and Sales Agreements
Understanding Contracts: Types and Elements
Defining Contracts and Parties
Contract Definition
A contract is a verbal or written agreement between two or more persons who are obliged to give, do, or refrain from doing anything or providing any service.
Individuals
Individuals are natural persons who possess personality, rights, and obligations.
Legal Entities
Legal Entities include partnerships, corporations, associations, and foundations with a legal personality separate and distinct from their members.
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