PRIVATE AGREEMENTS AND PUBLIC ORDER

Authors

  • W B SCOTT

Abstract

In his Address delivered to the Junior Bar of Montreal on December 6th, 1939 W.B. Scott discusses matters surrounding agreements between private individuals and whether or not they offend against the generally recognized principles of public order and morality. He first points out that judges have refrained from committing themselves to any precise definition as to what will be contrary to the public interest. He then examines several court decisions in Canada, England, and France whereby rules of public policy and public order have been discussed, and illustrates where there has been divergence of judicial opinion. The author then examines several different sets of circumstances that have arisen in various cases, and illustrates how judges within Canada have maintained standards of national decency by refusing to condone private agreements contrary to established rules of public order and public policy.

Keywords:

Contract Law, Public Relations

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Published

1940-03-01

Issue

Section

Speech