Sentences with phrase «against public policy»

A separation agreement differs from a property settlement because it can contain any terms the parties agree to, as long as they are not against public policy.

The purpose of a life insurance contract must also be legal — and it should not go against public policy.

They are against public policy because they encourage murder for profit.

Even if a provider desired to provide such coverage, it is against the public policy of most countries to allow such insurance to exist, and thus it is usually illegal.

A separation agreement can contain any terms the parties agree to, as long as they are not against public policy.

It is not against public policy for an insurer to reduce uninsured motorist coverage payments made to a guest passenger with liability coverage payments made under the same policy to the same guest passenger if both host driver and another uninsured driver are jointly liable for the injuries suffered by the passenger.

Against this public policy backdrop, our U.S. equity strategists argue that signs of rising protectionism could start to shift market perceptions regarding U.S. inflation and long - term growth.

Chief lobbyist Pascal Kerneis told a meeting on EU investment policy in 2011: «Industry will oppose any deal in which investment protection is traded off against public policy objectives, including human and labour rights.»

This study found that Nimbys could prevent the destruction of rural amenities and often work against public policy which defends private interests.

The bill also states that any agreement provision that «waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment shall be deemed against public policy and unenforceable.»

If you went against public policy when the life insurance contract was created and you did not have a true insurable interest then you can run into all sorts of issues, including not being able to qualify for life insurance tax benefit protections under the internal revenue code.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

However, the case was appealed and while the appeal court ultimately decided that the separation agreement was void as against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to public policy so that the doctrine does not «unduly impinge on the basic right to enforce engagements freely and voluntarily made.»

Does this void the contract because what they did is against public policy in the one section?

It is against public policy for a defendant to be acquitted of a charged offense or convicted of a lesser included offense based upon an appeal to the societal bias that may be possessed by members of a jury.

The justices added that to interpret this statute any differently would be against public policy because it would allow insurers to deny motorists coverage in a way that would defeat the purpose of a claimant's buying insurance in the first place.

The court ruled that the appellate court's ruling would have essentially required the garage owner and other property owners to become insurers of the public safety, which the court stated was against the public policy of California.

Through the eyes of the law, the policy will be regarded as «null and void» if no insurable interest existed because it went against public policy.

With the exception of the first model (which is not a legal option because it's against public policy to plan the demise of a marriage), all of these options are being practiced in one way or another with people throughout the Western world (even in the U.S!).

But judges often refuse to enforce dead owners» requests that their pets be euthanized, on the grounds that those requests are «against public policy or unethical,» says Gerry W. Beyer, a professor at Texas Tech University School of Law who recently posted a short analysis of these kinds of cases on his blog.

English courts still hold that prenuptial agreements are against public policy and, while this policy is supposed to be changing, it most certainly hasn't changed yet.

«That's why these arbitration are against public policy, because (in some places) you really don't have a choice,» he says.

It's conduct may be discriminatory, but its neither illegal nor against public policy (quite the contrary).

It seems likely though that any condominium board that wants to initiate litigation but is not able to obtain the necessary consent will argue that the consent requirements in its bylaws are void as against public policy.

As a fair and transparent tendering process is essential to both the construction industry and for public procurement generally, it would seem that an exclusion clause that allows an owner to subvert the system with impunity would be against public policy.

They did not go on to consider whether a more carefully drafted clause would have been unconscionable or against public policy.

I can see plausible arguments for invalidating such an agreement as void as against public policy (e.g. will and trust provisions conditioning inheritances upon getting married are void as contrary to public policy, even if they don't say who you must marry).

The Act abolished the common law torts of maintenance and champerty but maintained the rule that contracts for the provision of third party funding are against public policy, save for those with qualifying third party funders in enumerated categories of dispute resolution proceedings.

Generally speaking such covenants are considered by the courts as a restraint on trade and, as such, as against public policy.

The contractual clause shortening the time period for filing suit was clear and unambiguous and was not unreasonable or against public policy, according to the court.

The court held that it was against public policy to allow this kind of contract and invalidated the arbitration clause.

Are Prenuptial Agreements Regarding Alimony Enforceable in Arizona In Arizona, it had long been the rule that agreements made before marriage affecting spousal maintenance are against public policy.

Description: A whistleblower may disclose financial fraud, health or environmental violations, or anything that is illegal or against public policy.

A judge would give effect to the terms of the contract except where those terms are prohibited or against public policy.

If any outside employment is expressly prohibited, it's probably unenforceable as against public policy.

«We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.»

Thus, in Oscanyan v. Winchester Repeating Arms Co., 103 U. S. 261, it was held that, where it was shown by the opening statement of counsel that the contract on which the suit was brought was void as being either in violation of law or against public policy, the trial court might properly direct the jury to find a verdict for the defendant.

However, most states strike these clauses as against public policy.

Policies issued on lives where there is no insurable interest are regarded as void from the beginning because they are against public policy.

The executor of the patient's estate challenged the transfer as being void against public policy (as a wager on life — in prior U.S. Supreme Court decisions, life insurance policies could only be assigned to cover debts and only up to the amount of the debt; anything over that amount was considered a wager and against public policy) since Dr. Grigsby did not have an insurable interest in the patient's life.

A territorial exclusion, such as that provided for in this regulation, was neither invalid under the Uninsured Motorist Coverage Act (40 P. S. § 2000) nor void as against public policy.

In Massachusetts, it is against public policy to draft a Divorce Agreement; rather final document agreement is called a «Separation Agreement».