Does the question of pressure have any place in the determination of intent?

Ontario, Canada


The following excerpt is from McLean v. Garland, 1884 CanLII 15 (ON CA):

The question of pressure can only in a case like Brayley v. Ellis, 9 A.R. 565, have place in considering the intent; and the intent with which an act is done must be a question of fact. It therefore seems to me a fallacy to hold that as between others and a party to a deed the terms of the deed can be more than evidence of the intent, more or less strong according to the language used and the purpose for which it was used.

Other Questions


What is the distinction between questions of law, questions of fact and questions of mixed law and fact? (Ontario, Canada)
What is the test for determining whether a trespasser's intent to trespass is intentional? (Ontario, Canada)
If a parent is intentionally undereployed, is it a bad faith or intention to evade support obligations inherent in intentional underemployment? (Ontario, Canada)
What is the test for determining whether a conveyance was executed with intent to delay or defeat creditors? (Ontario, Canada)
What is settled intention and what is the definition of settled intention? (Ontario, Canada)
What is the difference between questions of law and questions of mixed law and fact? (Ontario, Canada)
How has the court considered control and access to the area in question in determining whether the public had access and invited to use the area on the private property for parking purposes? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the standard of review of questions of law and questions of mixed fact and law? (Ontario, Canada)
What is the test for determining that there was no shared parental intention? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.