An Act Respecting Damages Resulting From Accidents to Workmen: Text of the ...
An Act Respecting Damages Resulting From Accidents to Workmen: Text of the ...
Québec (Province). Dept. of the Attorney General, Horace Archambeault
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p. •272. The case of McCarthy vs The Thomas Davidson Manu- facturing Co., has this remarkable feature that, though the judgment is not based expressly upon the theory of ike f ante contractuelle no more than the other decisious of our courts on the same matters, Mr. Justice Lemieux, in delivering the judgment in the Superior Court, speaks at length and in favourable terms, in his notes, of the theory o{ the f ante contractuelle and of the work published by Mr. Sainctelette on the question. So. ...the jurisprudence of our courts extending over a certain number of years, shows that tht?re exists in the province a decided tendency to abandon the principle of the faute delictuelle, and adopt a principle more appropriate to the necessities of modern industry, more in harmony with the receut legislation enacted in the old countries of Europe. It matters little whether the principles which captivates the attention and the conscience of our jurists and of our courts, is called faute contractuelle, faute legale, or risque pro' fessionnel.
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