Report No. 185

Section 13

In the 69th Report, the Commission recommended the insertion of an Explanation and Exception below section 13 as follows:

"Explanation.- A previous legal proceeding, whether it was or it was not between the same parties or their priories, may be relevant as a transaction or instance, within the meaning of this section; and, when a legal proceeding becomes relevant under this section, a judgment delivered in that proceeding is admissible as evidence of such legal proceeding, but not so as to make relevant the findings of facts or the reasons contained in the judgment; but nothing in this Explanation is to affect the relevance of a judgment under any other section.

Exception: Nothing in this section shall render relevant recitals of boundaries in documents which are not between same parties or their priories."

The proposal in the 69th Report for excluding boundary recitals in documents inter-partes, is not accepted. Hence the Exception recommended there should be dropped. It is recommended that following explanations be added below section 13:

"Explanation I.- A previous legal proceeding, whether it was or was not between the same parties or their privies, may be relevant as a transaction or instance, within the meaning of the section; and when a legal proceeding so becomes relevant under this section, a judgment or order delivered in that proceeding is admissible as evidence of such legal proceeding; findings of fact but not the reasons therefor contained in such a judgment or order are relevant; but nothing in this Explanation shall affect the relevance of a judgment or order under any other section.

Explanation II.- Recitals in documents which are or not between the same parties or their privies, including recitals regarding boundaries of immovable property are relevant in a legal proceeding."

Back

Index

Next