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Record W2894981321

LE CARACTÈRE « EXCEPTIONNEL » FRAPPE ENCORE ! UNE NOUVELLE VICTIME PAR RICOCHET :: LA CLAUSE D’EXCEPTION DE L’ART 3082 CCQ

2018· article· fr· W2894981321 on OpenAlexaffabout
Gérald Goldstein

Bibliographic record

VenueThe Canadian Bar Review · 2018
Typearticle
Languagefr
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsUniversité de Montréal
Fundersnot available
KeywordsLawAppealContext (archaeology)Political scienceCommon lawConfusionSupreme courtInterpretation (philosophy)LiabilityHumanitiesSociologyHistoryPhilosophyLinguistics
DOInot available

Abstract

fetched live from OpenAlex

For the first time in Giesbrecht, the Quebec Court of Appeal interpreted the exemption clause (article 3082 CCQ) in a civil liability case dealing with indirect victims in the private international law context. The Court, examining the victims’ claims together, found that the Quebec law prevailed over the Ontario law designated by article 3126 of the Civil Code of Quebec. The author suggests applying the law governing the principal claim to the derivative claims, specifically designating the Quebec law. He criticizes the Court’s stand-alone use of the exceptional character of article 3082 CCQ, stating that its conditions were not met. This interpretation gave rise to confusion with the public order exception.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.004
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.158
Threshold uncertainty score0.319

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.004
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0110.009
Scholarly communication0.0040.002
Open science0.0010.002
Research integrity0.0060.005
Insufficient payload (model declined to judge)0.0080.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.019
GPT teacher head0.282
Teacher spread0.263 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2018
Admission routes2
Has abstractyes

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Same venueThe Canadian Bar ReviewSame topicConflict of Laws and JurisdictionFrench-language works237,207