Can a covenantor avoid liability by pleading impossibility by summerfallowing the land properly?
Saskatchewan, Canada
The following excerpt is from Turnbull v. Dobrovalsky, 1945 CanLII 184 (SK CA):
It is, to be assumed however that when the defendant entered into his covenant he must have been aware of what was needed to summerfallow the land properly so that he cannot now avoid liability by pleading impossibility. The learned Judge has himself correctly taken this view on the authority of the decision of this Court in McCuaig v. Kilbach 1945 CanLII 234 (SK CA), [1945] 2 W.W.R. 186.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a difference in the statute of limitations between an accused who has pleaded guilty and those who have pleaded not guilty? (Saskatchewan, Canada)
What is the test for pleading in a criminal pleading? (Saskatchewan, Canada)
When a joint covenantor gives a bill of exchange for part of a debt secured by the covenant, on which a judgment is recovered, is it a bar to an action against the joint covenantors? (Saskatchewan, Canada)
What is the standard of pleading in pleading? (Saskatchewan, Canada)
Is there any case law concerning the proper and proper use of a lancas for declaration? (Saskatchewan, Canada)
Can an accused plead a plea of autrefois acquit? (Saskatchewan, Canada)
How is liability apportioned in a seatbelt case? (Saskatchewan, Canada)
How has liability been determined in respect of a broken jar? (Saskatchewan, Canada)
What documents are properly to be considered on an application to strike out a statement of claim on the grounds that it discloses no reasonable cause of action? (Saskatchewan, Canada)
What is the law on personal liability for executors? (Saskatchewan, Canada)
