Sentences with phrase «general obligations law»

With respect to rental deposits, Section 7 - 103 (2 - a) of the General Obligations Law provides that where money is deposited regarding rental property containing six or more family dwelling units, the deposits shall be in an interest bearing account in a banking organization within the state which shall earn interest at a rate which shall be the prevailing rate earned by other such deposits made with banking organizations in such area.

Unless the purchaser has made a written irrovocable offer (General Obligations Law Section 5 - 1109), the prospective purchaser can revoke the offer, prior to the seller's acceptance and reclaim any tendered deposit.

A listing broker's authority to bind a seller in a real estate transaction is required to be in writing (General Obligations Law, Section 5 - 1111).

The content and materials contained in this website are to be construed in accordance with and governed by the internal laws of the State of New York (as permitted by Section 5 - 1401 of the New York General Obligations Law or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties.

Not exact matches

Within the framework of a general obligation to represent the client zealously while remaining within the bounds of the law, a lawyer is free (but not required) to advise clients to comply with the spirit as well as the letter of the law.

In Smith, the Court interpreted its First Amendment decisions as holding «that the right of free exercise does not relieve an individual of the obligation to comply with a «valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)»» (id.

This standing will, in turn, lead to questions of recognition and application, not only of military law, but of pertinent state laws for marriage or partnership, and the military's legal obligations to provide co-residence, health - care, and other general benefits.

Title 22, Colorado Revised Statutes: Education Article 33: School Attendance Law of 1963 Section 104.5, as amended states that Colorado's general assembly has declared that «it is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision.»

Upon acquittal Bruno forcefully reminded the State of New York of its obligation under law to pay his legal expenses and, after much beard tugging, the attorney general's office was compelled to agree.

City Council Speaker Corey Johnson added, «New Yorkers deserve and expect more from their Attorney General, who as the state's chief law enforcement officer has an obligation to uphold the law.

Jessica Wyndham, director of AAAS» Scientific Responsibility, Human Rights and Law program, represented the world's largest general scientific organization at the meeting and laid out the meaning of science, the benefits it contributes to human rights, the obligations of nations that are party to the underlying agreement and the challenges facing implementation.

Interestingly enough, regarding climate change, there are efforts to have a resolution passed in the UN General Assembly that would ask the ICJ for an advisory opinion that would define states» obligations and responsibilities with respect to greenhouse emissions under international law (see policy brief issued by The Hague Institute for Global Justice).

(b) The Commonwealth, through the Department, will provide general supervision of services and programs provided under this chapter and Chapter 342 (relating to special education services and programs) and will meet other obligations of State and Federal law and this chapter.

(6) incur temporary debt in anticipation of receipt of funds; provided that a Horace Mann school shall obtain the approval of the local school committee and appropriate local appropriating authorities and officials relative to any proposed lien or encumbrance upon public school property or relative to any financial obligation for which the local school district shall become legally obligated; and provided further, that notwithstanding any general or special law to the contrary, the terms of repayment of any charter school's debt shall not exceed the duration of the school's charter without the approval of the board;

Secretary Arne Duncan and Attorney General Eric Holder today announced updated guidance to assist public elementary and secondary schools to ensure enrollment processes are consistent with the law and fulfill their obligation to provide all children — no matter their background — equal access to an education.

These provisions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection.

In addition, the court... [noted] that claims made by Lampack that the contract placed a fiduciary duty on Grimes» -LCB- are -RCB- unsupported by case law and the general principles of agency law that the obligations that a principal owes an agent are not fiduciary.»

Glass - Steagall Act of 1939: The federal law that prohibited banks from acting as dealers or underwriters in any securities other than general obligation municipal bonds.

His motive is expressed on page 14 with reference to the «General Obligation» of article 192 in the Law of the Sea Convention: «States have the obligation to protect and preserve the marine environment», noting that: «This obligation has great importance for the atmosphere, weather and climate, because if mankind understands and protects the oceans, it would minimize the threat to humanity posed by anthropogenic climate change.

When we add the general statutory obligations for employers here, which differ than other provinces, and the unique role that our law society has had in promoting diversity based on their distinct statutory obligations, an analysis based on the Rules alone is insufficient.

Even dating back to 2005, when the New York Attorney General's office came to an agreement with the industry, it stated in its press release: «The cash advances provided by these firms are not considered «loans» under New York State law because there is no absolute obligation by a consumer to repay them.»

As the Crown itself acknowledges, that obligation arises from the general law which requires the Crown to prove, beyond a reasonable doubt, all of the particulars of an offence charged: Saunders.

Turning to the substance of the case, the General Court held that the obligation to state reasons for an act adversely affecting a person constitutes an essential principle of EU law and may only be derogated from for compelling reasons touching upon the security of the Union or its Members.

The short 6 - month prescriptive period for actions against municipalities under the Québec Cities and Towns Act conflicts with the interpretation of art. 2930 C.C.Q., whereby a 3 ‑ year general law prescriptive period in art. 2925 C.C.Q. applies where an action in damages is «based on the obligation to make reparation for bodily injury caused to another».

It is not through the invocation of a substantive electoral right contained in the Treaties that Member States are restricting that the issue falls within Union law — rather it is an implicit obligation contained in Article 14 (3) TEU as reflected in the 1976 Act that elections be universal and direct; it is a general obligation placed on Member States to ensure the democratic integrity of EP elections that catches electoral law and subjects it to review under the Charter.

This is not the same as allowing accommodation to take an exam; the lawyer's conduct in the practice of law goes directly to the lawyer's ability to fulfill his obligations to his clients, the general public, and the legal profession.

However, the Advocate General suggested that the party suffering damage from being under such an unforeseen obligation could still claim damages against the Member State for the damages resulting from the violation of EU law by the national implementing act.

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

While the Advocate General made several propositions as to the method to reconcile Italian law and Italy's EU obligations (§ 124 - 127), the Court simply asserted that Italian law should be disapplied «without having to request or await the prior repeal of those articles by way of legislation or any other constitutional procedure» (§ 49).

If your disability claim was denied in Chilliwack, or if you have any questions or concerns about the disability claim process in general, please contact our law firm today for a free, no obligation review of your case.

As the above analysis suggests, the AG's opinion offers a lengthy and mitigated assessment of the six cumulative requirements that general data retention obligations under national law should meet.

Next, the AG scrutinizes whether the possibility offered by Article 15 (1) of Directive 2002 / 58 / EC to restrict the rights and obligations of the Directive allows for the creation of a general data retention regime by national law.

Although the Supreme Court of Canada held in Christie that a «general access to legal services in relation to court and tribunal proceedings dealing with rights and obligations» is not a fundamental aspect of the rule of law (see paras. 23 - 27), it does not follow that the legal profession can preserve its monopoly over legal services free from government regulation or control of any kind, even when, as now, it has made legal services unavailable at reasonable cost to a large majority of the population.

Should such a general data retention obligation not be compatible with the Charter, could a data retention obligation then nevertheless be compatible with the Charter if the access of the competent authorities to the retained data is regulated as it is under Swedish law, if the protection and security of the data are regulated as they are under Swedish law, and if all relevant data must be retained for a period of 6 months before being erased, as imposed by Swedish law?

In a first step, the AG affirms that a general data retention obligation falls within the scope of Directive 2002 / 58 / EC, despite the exclusion of State activities relating to criminal law by Article 1 (3) of the Directive.

That being so, the question is whether, as a result of this occasio, the Union judicature must interpret, with inevitably general consequences, the scope of the ne bis in idem principle in Swedish law, an interpretation which must take priority over the one which is derived from Sweden's constitutional structure and international obligations.

The court also referred to a unanimous judgment from the Supreme Court of Canada (SCC), in which the SCC recognized a general organizing principle of good faith contractual performance — i.e., that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.

In the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases added).

The national legislature may thus possess discretion to determine criteria to be satisfied by organisations to be able to challenge an infringement of environmental law; however, the very obligation to guarantee access to justice was, for the Advocate General, sufficiently clear to preclude a rule with the effect of excluding certain categories of non-legislative decisions taken by public authorities from the possible scope of review (para 94).

Create a general board for all law school obligations or specific boards for each obligation.

Such an oversight is unlikely to expose legal departments to higher cyberrisk, given the nature of their law firms» obligations, and the general lack of enforcement of such guidelines in the first place.

Bevan Brittan's Information Law Team specialise in helping organisations comply with their obligations under the DPA and also to prepare for the new requirements imposed by the General Data Protection Regulation.

To understand the classes of New Canadians that are the focus of this section, it is helpful to have a general understanding of how Canadian citizenship law classifies people living in Canada and the rights and obligations that flow from that classification.

While a significant part of his practice is dedicated to defending lawyers, financial advisors and insurance producers against malpractice claims, he also devotes considerable time advising lawyers and law firms on their ethical obligations and risk management tools, acting as outside general counsel to several of Chicago's many condominium associations, and representing the interests of family members and shareholders in disputes that arise within closely - held corporations... read full bio.

While a significant part of his practice is dedicated to defending lawyers, financial advisors and insurance producers against malpractice claims, he also devotes considerable time advising lawyers and law firms on their ethical obligations and risk management tools, acting as outside general counsel to several of Chicago's many condominium associations, and representing the interests of family members and shareholders in disputes that arise within closely - held corporations.

While at this point there is not yet a crystal clear general legal requirement in Canadian law to consult with Indigenous peoples on the negotiation and ratification of international treaties, a number of «modern'treaties, called comprehensive land claims settlements, include explicit obligations on Canada to consult with the Indigenous party in advance of new international treaties that might affect rights under these agreements.

If you or someone you love has been charged with any of these crimes in Selma or throughout California and needs assistance with general criminal defense, call McKneely Law Firm at for a free, no - obligation case consultation.

But also recitals in general (for instance, in contract law) are, well, recitals, not operative provisions and it is hard to fathom how they could give rise to positive obligations or defeat operative clauses.

That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general.

I note that the drafters of the Charter were clearly aware of this ambiguity, as they certainly didn't impose on governments the general obligation to treat citizens equally in drafting section 15 (1)-- they made a point of defining equality as equality before and under the law, including the right to equal protection and benefit of the law.