Sentences with phrase «applying ordinary principles»

As such, the Court held that the respondent would be liable for the violation of the Technical Requirements, para 3.2.2.2 The Court concluded that, applying ordinary principles of contractual interpretation, the Technical Requirements are not too weak a basis on which to rest a contention that the respondent had a liability to warrant that the foundations would survive for twenty years or would be designed so as to achieve twenty years of lifetime.

Not exact matches

Because of God's transcendence it would be mythological to refer to God's action in terms appropriate only to objects available, in principle at least, to ordinary sense perception.13 This especially means that one can not speak of God in terms of the categories of time and space; 14 i.e., whatever is predicated of God can not apply only to some particular time and space, but must apply equally to all times and spaces.15 Thus the implication of Ogden's criterion for non-mythological language about God corresponds to his statement of several years ago, that «there is not the slightest evidence that God has acted in Christ in any way different from the way in which he primordially acts in every other event.

Applying these principles, we seem to get a propulsive force into our logic which the ordinary logic of a bare, stark self - identity in each thing never attains to.

This approach is that ordinary run - of - the - mill online questions can evolve into learning interactions that are motivating and engaging by applying just a few very basic principles.

In the book Team Dog: How to Train Your Dog — the Navy SEAL Way, one of our top dog training books, former US Navy SEAL operator Mike Ritland shares with us his experiences working with some of the finest canine units of the US military and how these principles can be easily applied in the training of pooches for ordinary households.

The landmark decision in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98, [1998] 1 WLR 896, signalled the simplicity of the test that in matters of construction the courts were concerned to ascertain the «meaning which the document would convey to a reasonable person» (ie an objective test) by applying «the common sense principles by which any serious utterance would be interpreted in ordinary life».

The court was clear too that a statutory review is grounded in a judicial review test rather than a merits - based assessment, and that ordinary Wednesbury principles would apply.

Lord Clarke stated that «nothing in this judgment is intended in any way to alter those principles which apply to ordinary contracts and, in particular to commercial contracts» [para 21].

● This recognition was followed by White v Chief Constable of South Yorkshire Police [1999] 1 All ER 1 (concerning the police officers who suffered nervous shock after attending the Hillsborough disaster) which stated that there were no special rules to be applied to psychological damage beyond those of ordinary tortuous principles.

Disappointingly, however, this proved not to be the case and instead, Cornwall has left legal practitioners scrabbling around for any clear principles regarding how the tests for ordinary residence should be applied and how the deeming provisions should work in practice.

On the question of employer liability for the unpleasantness of the other staff members, one problem is that, unlike the discrimination legislation, the whistleblowing provisions have no specific vicarious liability rules, but the EAT applied «ordinary» principles; in particular, they relied on Cumbria CC v Carlisle - Morgan [2007] IRLR 314.

Our law is prepared, according to Clerk & Lindsell, to apply the remedy of conversion to «any document which is specially prepared in the ordinary course of business as evidence of a debt or obligation»... The reliance on a document or some other tangible token of the existence of the obligation may be understandable as a relic of the history, but it is not principled.