Date: Wed, 14 Feb 2007 09:27:34 -0500

From: Lionel Smith

Subject: Resurfice Corp. v. Hanke, 2007 SCC 7

On the subject of spilled academic ink, I was looking yesterday at the transcripts of argument in the High Court of Australia in the Say-Dee case (they are on www.austlii.org) and I thought others might find this exchange amusing:

GUMMOW J: So what is the connection between the first limb and tracing ideas?

MR DOUGLAS: Well, the academic commentaries dwell upon this and they - - -

GUMMOW J: Forget about them. As a matter of basic principle, what is the connection? A lot of the academic writing is totally confusing ... a prejudiced view.

Lionel

--
California Civil Code
3546. Things happen according to the ordinary course of nature and the ordinary habits of life.
3547. A thing continues to exist as long as is usual with things of that nature.

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