Sentences with phrase «absence of an agreement between the parties»

In the absence of any agreement between those parties to the contrary, the «default» method for resolving such disputes is litigation before the courts.

The court cited various cases in which a trust has been imputed or imposed for the benefit of a person who has contributed towards the purchase of a house in the absence of an agreement between the parties, and in the absence of any evidence of an intention to create a trust.

In the absence of an agreement between the parties, the magistrate may refer the matter to a judge, but maintains the power to order protection in the interim until the case is heard.

In the absence of agreement between the parties, an application for the settlement of a property dispute is made to the court, to be decided on the basis of need.

Not exact matches

Given the absence of a specific agreement between the parties regarding employer - initiated suspensions, the issue before the trial judge was whether an implied term authorizing unpaid suspensions should be read into the employment relationship between the parties.

Lord Neuberger was having nothing of it: «We should say firmly and unambiguously that it is not open to a court in England and Wales, in the absence of a statutory power to do so or (arguably) agreement between the parties that the action should proceed on such a basis.»

In L - 3 Communications, the words «not agreed between the parties» were held to mean that the limitation period did not commence before a negotiation and absence of agreement occurred.

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized