History of Law in Saskatchewan - Business Law 307-001 PDF
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This presentation covers the history of law in Saskatchewan, going through the development of English law systems, maxims of equity, and effects on modern Saskatchewan law. It also includes example questions to test understanding of the topics, as well as a section on questions.
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B U S I N E SS 3 0 7 - 0 0 1 B U S I N E SS L AW HISTORY OF LAW IN SASKATCHEWAN Introduction Sessional Lecturers Nicole C. Krupski Fashia Richards Set-up of class Tort Law – Nicole C. Krupski Contract Law – Adam MacNeil (complete!) Separate...
B U S I N E SS 3 0 7 - 0 0 1 B U S I N E SS L AW HISTORY OF LAW IN SASKATCHEWAN Introduction Sessional Lecturers Nicole C. Krupski Fashia Richards Set-up of class Tort Law – Nicole C. Krupski Contract Law – Adam MacNeil (complete!) Separate notes Separate written exams TEXTBOOK is not required but may be used for supplemental reading may be required. Older editions are also acceptable Overview Development of English Legal System Maxims of Equity Effects on modern Saskatchewan Development of English Legal System Prior to 1066 A.D. Divided kingdoms Local laws Norman Conquest of 1066 A.D. Administration of law centralized King’s Counsel ruled King’s Counsel Three courts developed: 1 – Court of Exchequer Financial disputes and taxation issues 2 – Court of Common Pleas Disputes between subjects & actions involving real property (land)/personal property (chattels or goods) 3 – Court of King’s Bench Appeals from (1) and (2), crimes and matters where fines were payable The “Common Law” AKA “Judge-made” or “Precedent” law Judges develop principles and statements of law which are followed in subsequent cases Rules developed by Courts common to entire country Compare with “statute law” Laws passed by Legislature or Parliament Codification of common law Development of Equity In the 13th and 14th centuries Subjects petitioned Kings Existing system very strict and complex King referred petitions to the Chancellor Development of 4th court; the Court of Chancery The “keeper of the King’s conscience” Court of Equity The Court of Chancery Originally acted on discretion and good conscience Eventually developed it’s own body of rules “Laws of Equity” Laws of Equity Maxims of Equity Basic rules which govern equitable relief Doctrines of Equity The types of equitable relief granted by the Court Maxims of Equity “Looking upon that as done which ought to have been done” “Those who come into equity must come with clean hands” “Those seeking equity must do equity” Doctrines of Equity Subrogation Equitable conversion Contribution Waiver Marshalling of assets Relief against forfeiture of penalties Laches & acquiescence Unjust enrichment Judicature Act, 1870 English Parliament merged the two court systems into “Court of King’s Bench” on July 15, 1870 pursuant to the Judicature Act, 1870 In case of conflict between “common law” and equity, rules of equity to prevail Law in Saskatchewan 1867 – The Constitution Act, 1867 Also known as The British North America Act Created the court system of Canada s. 129 – Laws of England adopted in Canada 1905 – The Saskatchewan Act Created Saskatchewan out of the Northwest Territories Saskatchewan adopted the laws that existed in England as of July 15, 1870 (i.e. after passing of Judicature Act, 1870) Saskatchewan Court of King’s Bench Same jurisdiction as the Court of King’s Bench in England after passing of Judicature Act, 1870 Includes rules of equity and common law Example Questions Chris agrees to build a deck for Jessica. There is no written contract executed. After Chris builds the deck, Jessica refuses to pay him. The value of her property has increased due to Chris’ work. What equitable doctrine could Chris apply? Adam meets Jenna and they become friends. Adam tells Jenna all about his new business selling Pokémon cards and gives Jenna a Pikachu card as a gift. Adam later finds out the card is rare and requests payment from Jenna. Jenna refuses to pay asserting that Adam gave the card to her as a gift. Why would Adam be unsuccessful in a claim for unjust enrichment? Example Questions Michael orders a package from Amazon. When the package arrives, Michael refuses to accept the package from the delivery person and has him return it to Amazon. Michael subsequently sues Amazon for not receiving his package. What equitable doctrine could Amazon try to assert? Kalen tells Eric that he has a piece of art by Van Gough worth $4mililon. Kalen and Eric enter into a contract for Eric to purchase the art at a discount price of $3million. Eric later finds out that Kalen painted the art himself and refuses to purchase the art pursuant to the contract. Kalen sues Eric for payment. What maxim of equity would prevent Kalen from being successful? Questions
