Sentences with phrase «absence of a written agreement»

(ii) the sixth guideline, ie that the assertion that there is a genuine contract will be undermined if there is nothing in writing, might be too negative — it may be an important consideration but if the parties» conduct also shows a true contract of employment «we would not wish tribunals to seize too readily on the absence of a written agreement to justify the rejection of the claim».

It was agreed that Lonsdale was a commercial agent for the purposes of the regulations and that, in the absence of a written agreement, he was entitled to compensation upon termination of the agency relationship.

Brokers v. Gamaldi (190 A.D. 2d 709) absence of written agreement does not preclude recovery of damages by licensed broker for breach of contract or for quantum meruit (Gen. Ob.

While several legal theories allow for recovery of compensation in the absence of a written agreement, it's far more difficult, and costly, to proceed under these theories.

Not exact matches

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A landlord and tenant may enter into a valid tenancy arrangement notwithstanding the absence of an express written contract, i.e., tenancy agreement.

In light of that fact, and the absence of any bright line rule regarding NJLAD's applicability to out - of - state employees, you may want to consider executing, where available by law, a written agreement with your non-resident telecommuters delineating which state's law applies in the event of a legal dispute («choice of law» clause), and in which court those disputes are to be filed («forum selection» clause).

«debts incurred by either spouse for necessaries of life of either spouse or the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties» respective needs and abilities to pay at the time the debt was incurred»;

Dwelling Quest Corp. v. Greater New York Savings Bank (246 A.D. 2d 431)-- broker fails to establish commission entitlement where unsigned writing prepared by broker stating that its commission shall only be due if its prospect completes and closes the transaction, while not constituting the parties» agreement, is deemed to be conclusive evidence of such agreement in the absence of credible explanation why broker sent such a writing if it did not reflect the parties» agreement; moreover, owners ultimately accepted all cash offer from party not presented by broker.