Clear contract language equals strong protection for those who understand it.
Not exact matches
Wireless
contracts written in
clear language would be a start, but more needs to be done, said Catherine Middleton, the Canada Research Chair in Communication Technologies in the Information Society at Ryerson University in Toronto.
What's not
clear is if there is similar
language in the Frontier Central School District's
contract with its teachers.
Nassau officials say the
contract language makes it
clear that the bulk of the work on the storm - water project can't take place without «design - build» authorization.
He also said the committee changed some of the
language on strategies for turning around struggling schools because «it was not
clear we have the power to simply abrogate [union]
contracts» affecting those schools.
That's why having
clear language in your adoption
contract is important, have a legal advisor look over your
contract before starting adoptions, keep digital and hard copies of the
contract on hand, and you are set.
A
contract is a
contract and, as expressed by Chief Justice Winkler on behalf of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an employment agreement specifying a fixed amount of damages intend for mitigation to apply upon termination without cause, they must express that intention in
clear and specific
language in the
contract.»
At the same time, Rose says there is plenty that we don't know, such as whether or not it is safer for employers to use fewer words in a termination clause and avoid all - inclusive
language, and whether, for public policy reasons, future court decisions will put an onus on employers to make
clear to employees the differences between ESA entitlements and the common law before they sign ESA - only
contracts.
i. when the
language of the policy is unambiguous, the Court should give effect to
clear language, reading the
contract as a whole;
The
language used makes it
clear that your
contract is with the seller, so Argos are bound by the SGA to make sure their goods match the description, and similarly bound to offer you a refund if the goods do not.
Luckily for the plaintiff, the insurer failed to properly
contract out, because the limitation period it sought to enforce was not written in
clear language.
The «primary interpretive principle is that where the
language of the insurance policy is unambiguous, effect should be given to that
clear language, reading the
contract as a whole»: Ledcor, at para. 49.
In the present circumstances, where there was no written
contract of employment, proof of mutual intention set out in
clear and express
language was not required to establish vesting of the rights.
Clear language in each employee's employment
contract should warn that an employee's work computer, its electronic contents and messages sent from it, are company property and may be reviewed or disclosed (as permitted under applicable laws) in connection with legal matters.
The Court further confirmed that the courts must enforce the terms of freely negotiated employment
contracts when the
language and meaning is
clear.
But, it is also certainly possible that general
language in the licensing
contract is sufficiently
clear to cause any reasonable person to conclude that it allows TV broadcasts, but not internet streaming on demand.
The court looked at the
contract and determined that the clause containing the arbitration
language was buried in a large block of text, making it far from
clear what Mrs. Alicea was giving up when she signed the
contract.
Better
language in
contracts aided by AI for proof reading and making
language clear in agreements.
If that writing isn't clean and
clear and concise and I don't need to tell you about some of the
contract language, but you end up in all kinds of problems that lead to litigation later and you can — the cynical among us can say, well, that's just rainmaking for the litigation people that as you know the clients are happy about that, and it just creates all kinds of problems.
A courts will only limit an employee's entitlement to continuation of these benefits if the employee's employment
contract (which can include an employee's policies) contains
clear and unambiguous
language to the contrary.
Here are the first two sentences of the fourth edition of A Manual of Style for
Contract Drafting, as I currently imagine them: This manual offers guidelines for clear and concise contract l
Contract Drafting, as I currently imagine them: This manual offers guidelines for
clear and concise
contract l
contract language.
If parties to a
contract governed by the laws of Quebec wish to exclude indirect damages such as loss of profits and loss of opportunities, they should specifically state so using
clear language.
On the other hand, the defendants» written submissions argue at length that the
clear and unambiguous
language of Clause 3.3 represents the entirety of the parties» reasonable expectations regarding
contract renewal [para 89 of the Respondents» Factum].
Stewart Title urged that the application judge erred, in turn, by: (i) failing to give effect to the
clear meaning of the exception, and in finding ambiguity by looking at the word «paid» in isolation; (ii) «giving no weight to the factual matrix surrounding how the Policy
language operates in practice and in its commercial context» when resolving the ambiguity; and (iii) resorting to contra proferentem reasoning before exhausting other methods of
contract construction.
However, in this case, «the error was in the deployment of the
contract», and though «we do not know who made it» it is
clear that «the code was correct and the problem was in the «translation» from one
language to another in the deployment».
Make sure the
language in the purchase
contract makes
clear that buyers, if they're paying for the title policy, are free to select their own title insurance company.
Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate
contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales
contract; seller could not utilize the provisions of a subsequently executed sales
contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the
clear and unambiguous provisions of the listing agreement as such
language was contained in the
contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase
contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission
Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to the meaning of the disputed
language in a brokerage agreement, all ambiguity must be resolved against the broker who prepared it; brokerage agreement was, as a matter of law, ambiguous with respect to the issue of whether broker would earn commissions when tenant exercised an option to renew the lease and therefore broker is not entitled to commissions on rental payments during any renewal term of the lease; broker not entitled to restitution in quasi-
contract because there exists a valid and enforceable written
contract governing the particular subject matter in dispute; dissenting opinion finds that the brokerage agreement is
clear with respect to commissions earned and payable and that tenant was obligated to pay a commission to broker at the time the rental payment was due and owing to landlord, including during renewal terms of the lease.
At the end of this course students will be able to interact with other parties in a manner that is ethical and appropriate, produce a
contract with
language that is specific but also
clear and understandable, and explain the rights of parties involved in an ethics complaint or ethics hearing.
And read your
contract correctly, many people try to pick half of a sentence that when properly twisted could maybe support their position, while ignoring
clear language to the contrary.
REALTORS ®, for the protection of all parties, shall assure whenever possible that all agreements related to real estate transactions including, but not limited to, listing and representation agreements, purchase
contracts, and leases are in writing in
clear and understandable
language expressing the specific terms, conditions, obligations and commitments of the parties.