Reports of the Supreme Court of Canada (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 18SO sonable, shall be held to be free from all conditions, and The' may, as such, be enforced by the party who has violated -l?NS the conditions to which he agreed, as if the opposite Tdk Qi-eex party had subscribed a contract without conditions, so N=. compelling a defendant to pay a sum of money, con- Parson's, trary to the express agreement of both parties to the lNs.TCo.N contract, against all reason and justice. " To hold that an insurer shall not be entitled to avail Joiixstox., ., .. himself oi a condition endorsed upon the policy, and owynnc, J. agree jo by the other contracting party as an essential element in the contract, and which, in substance, is identical with one of the statutory conditions, or to call in aid the statutory conditions to the like effect, unless the statutory conditions, in the precise words, form and heading given in the statute, are endorsed upon the policy, seems to me to be a mockery of justice. To enact that a contract, in order to be valid and binding and capable of being enforced in a court of justice, must be in a prescribed form, is an exercise of legislative authority with which we are familiar; but an enactment that a contract (to which the parties themselves hav expressly agreed) shall not operate according to the terms of their agreement, but shall operate in violation of those express terms, in the interest of the party who alone has violated them, so as to enable him to recover from the other party a sum of money under circumstances in the event of the occuring of which it was an express term of his contract that he should have no claim whatever, or, in other words, although he could not recover under the terms of the contract, which he produces as the one he made, he may, in defiance of such terms, recover a...