Sentences with phrase «as binding»

However, if you can't afford to hire a lawyer than even an informal signed document, or even mutually acknowledged e-mails can also serve as a binding contract.

(25) However, were the time limitation stated by Carr J. in Coppin treated as binding it could become an important safeguard of the protections afforded to native title by the right to negotiate.

I didn't think that would be construed as a binding acceptance of the offer.

As a transaction coordinator, you know all the ins and outs of contract law as a binding agreement.

The agreement is then sent to the insurance company to be recorded as binding in the official policy file.

This article contends that given these similarities, embryo disposition agreements ought not to be treated the same as binding contracts and should be legally unenforceable.

It was said that the presence of an arbitration phase in the Rules could be problematic in those countries where such agreements were not regarded as binding.

I could tell you stories, but ask any litigator - ultimately the case is about what the judge says it is about, and there is no such thing as binding precedent.

The codes do not have the force of law, but providers often recognize them as binding rules.

Joe's experience includes cases filed in state, federal and bankruptcy courts as well as binding AAA and JAMS arbitrations.

The courts could retain discretion over whether to publish opinions not treated as binding on future judges.62 Therefore, every precedential opinion of the Court of Review and every FISC en banc opinion should be published in redacted form.

For example, secret executive orders and secret opinions of the Office of Legal Counsel (OLC) can contain interpretations of law that are in many ways as binding within the executive branch as judicial pronouncements are.

The case is still cited as a binding legal precedent in Ontario.

While the ruling will not serve as binding legal precedent because the Viacom - Google case will be decided in Federal District Court in New York, it may prove influential.

Most courts recognize ODR settlements as binding, platforms such as SquareTrade and ECODIR have demonstrated that the technology can actually help reach a settlement more easily and at a much lower cost than classic ADR services ever could, and the steady climb in computer literacy and cross-border ecommerce suggests that more consumers should chose this means of settling disputes in the near future.

«Lawyers have to be able to engage in negotiations without a fear that their negotiations will be treated as a binding contract.»

(ii) any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage...

Although certain types of verbal contracts are legally binding, there is no such thing as a binding verbal prenuptial agreement.

If the district court says the guidelines are presumptively correct, it's error under Booker, since it makes the guidelines virtually as mandatory as they used to be (certainly as binding as the guidelines in Cunningham).

The court below has held that the petitioner's conduct constituted the commission of an offense under the state law, and we accept its decision as binding upon us to that extent.

Senior family law barristers at 4 PB provide arbitration of family disputes involving finances and / or property and children, as a binding alternative to using the court process.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

(1) An arbitral award, irrespective of the State or jurisdiction in which it was made, shall be recognised as binding within the DIFC and, upon application in writing to the DIFC Court, shall be enforced subject to the provisions of this Article and of Articles 43 and 44.

The provisions of Articles 42 and 43 are mandatory in providing that compliant awards «shall be recognised as binding» and «shall be enforced» in the circumstances set out.

The general obligation for the Contracting States to recognize such awards as binding and to enforce them in accordance with their rules of procedure is laid down in Article III.

According to the Convention, signatory States shall recognize arbitral awards as binding and do not require the confirmation of enforcement of a national court, so that the arbitral judgment would be protected and treated equally in all jurisdictions.

agreements as binding.

Very recently, in DBF v BF, 2017 ABCA 272 (CanLII) at para 77, the dicta recited above was applied, as binding authority.

Logically, they would not have had you sign such a thing unless it purports to give them more than what they already have, since it might not even qualify as a binding contract.

The Lisbon treaty addressed some of these concerns with measures such as the incorporation of the Charter as a binding instrument.

Some jurisdictions do not recognize international prenuptial agreements as binding (British Commonwealth countries).

To answer the headline question: yes, text messages are as binding as any other form of communication.

«As first noted here late last night, in today's edition of The Recorder of San Francisco, attorney Cyrus Sanai has an interesting essay entitled «Taking the Kozinski Challenge» that begins, «The fiercest battle within the federal appellate courts these days is not over abortion or gay marriage, but the arcane question of whether an attorney may cite the unpublished case law of an appellate court as the binding law of the circuit.»»

The decision of the Court of Appeal in Bultitudee stood as binding authority that the test to be applied in the context of solicitors» disciplinary proceedings was the Twinsectra test as it was widely understood before Barlow Clowes, that was a test that included the separate subjective element.

To treat a decision - maker's decision as binding on the basis of expertise abdicates the role of courts in enforcing statutory boundaries.

A prenuptial agreement acts as a binding contract.

Suppose that you are convicted of a crime, but after your conviction, a court holds as a binding precedent in another case, that the crime that you were convicted of is unconstitutional or otherwise invalid in your circumstances (e.g. in a U.K. scenario, you are convicted of trespassing on the walkway to someone's front door since that is private property, but a later precedent hold that members of the public are legally entitled to use such a walkway unless there is a «no trespassing» sign posted which no one disputes wasn't present in your case).

We will help you ensure that your prenup will be seen as binding by the court.

The German patent office will most likely treat the Federal Patent Court's opinion on the photo gallery patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new context.

This may be regarded as the establishment or recognition of a residual and minimal legal «safety - net» that could be regarded as binding upon the conduct of both named parties for the purposes of the action they are undertaking which is mandated and legitimated by the Union withdrawal clause (for an argument that the UK government and the EU institutions are bound by EU law in the conduct of the negotiations, see here).

It could be the ground flax, which is used as a binding agent.

The single line in the proposal Harper apparently found inadmissible was: «We call for a long - term global goal as well as binding commitments to deep, absolute emission reductions by developed countries.»

Like other climate finance options, money from the Green Fund can be awarded to developing countries on a strict pay - for - performance basis, with funds going to developing countries once they've delivered demonstrated emissions reductions (or, in the case of loans, as a binding requirement for loans).

And unless the government has a particular commitment or obligation to deliver a certain amount of energy savings — such as a binding target — it is very likely that the savings will not happen.

«Without a doubt, it is in the utmost interest of a large number of countries to pursue the 1.5 - degree C target, as ambitious or idealistic it may appear to date, and to see it anchored as a binding goal...» she wrote in an article for Climate Change Responses.

Regardless, it is dishonest for the media to portray the Paris agreement as a binding treaty for the U.S. because that's simply not the case.

Regular asphalt uses crushed stones and bitumen, a petroleum byproduct, as a binding agent.

Of particular interest to the artist is the symbolic impact of the stitch as binding together and penetrating a surface.

To generate them, the artist explored different trough which he restrained himself during the process of creation, as a binding notice to be respected to the millimeter.

By melding these diverse and humble sources with polyester resin as a binding agent, Mallary sought to reconcile structure, gesture and content, in ways not unlike his abstract expressionist forebearer Franz Kline, whose paintings combined energetic brush work with architectonic forms originally inspired by his surroundings.