Sentences with phrase «at common law as»

The Australian Law Reform Commission Report into the Recognition of Aboriginal Customary Laws acknowledges the difficulties of recognising Aboriginal law and custom at common law as follows:

It can be seen in the Miriuwung Gajerrong decision that the construction of native title at common law as an inherently fragile and inferior interest in land, originates from an assumption that the nature of the power asserted by the colonizing state is singular, total and all - encompassing.

It can be seen in the Miriuwung Gajerrong decision, as in the Mabo decision, that the construction of native title at common law as an inherently fragile and inferior interest in land, originates from an assumption that the nature of the power asserted by the colonizing state is singular, total and all - encompassing.

We are as familiar with the requirements of proving deceit at common law as with equitable relief for breach of fiduciary duty, including secret profits and bribes.

A lengthy statement of claim advanced numerous allegations including fraudulent breach of contract at common law as well as breaches of fiduciary duty said to consist in deliberate and dishonest under - accounting.

The court held that whilst inadmissible under the Road Traffic Act 1972, s 10 (3), the printout was admissible at common law as being real evidence and had been linked to the motorist by oral evidence.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

Well as I look at it, you and the in - laws seem to have a lot in common.

It is at that point, out of common consent, that the ethical standards and norms are written down as laws.

We tend to view law not as aimed at creating individual or common good but as a means of mediating dispute and keeping civil peace.

Nevertheless, a nation should include at least such elements as common commitment to the rule of law, generally accepted limits on political power and rhetoric, belief in constitutional governance, the rights of citizens, etc..

The Court's own case law shows that in order to maintain the abortion right at the level of fundamental law, many other sectors of the states» legal order, at both statutory and common law, need to be altered: family law, marriage law, laws regulating the medical profession, and, as we now see with the recent circuit court decisions, criminal laws prohibiting private use of lethal force.

At present Japan, the Philippines and Hong Kong are prominent examples where this power is vested in the ordinary courts, as is more commonly done in common law systems.

But in the towns, the introduction of Christian discipline, at least as it was understood by the preachers, amounted to the regulation of the whole common life by laws designed to render the church omnipresent.

As to the effect of that decree, the Court of Appeals in the Gaidry case held that the cancellation of McIlhenny's trade - mark could not affect his rights, if he, in fact, had acquired, at that time, a common law technical trade - mark; that a trade - mark, if it exists, exists independently of registration, and that cancellation does not extinguish a right which the registration did not confer, citing Edison v. Thot.

Because breastfeeding at work laws vary from place to place, it is common for problems to be encountered when breastfeeding a newborn, just as women can encounter problems when breastfeeding in public.

at a special meeting of the Common Council, as officials debated a proposed tenant inspection law.

It was a long night at city hall as the Albany Common Council Law Committee held a meeting, public comment period and vote to repeal the new trash collection tax.

A special legislative committee of the Buffalo Common Council will hold a public hearing at 5:30 p.m. Tuesday on a proposed law requiring that new apartment developments set aside a certain percentage of their units as affordable.

«As I think case law says, and I think common sense tells you, it's very rare that you have a written agreement, where someone says, «I'll pay you this bribe, and you do this favor for me,»» Bharara said at a press conference.

He has denounced bloggers who denigrated clerks of his with law degrees from Creighton University, George Mason University, George Washington University, and Rutgers University — none an alma mater common at the high court — as «TTT,» or «third - tier trash.»

NU Pushes to End Law Requiring Four Public Finalists for Top Jobs Omaha World - Herald, 1/31/16 «Judith Block McLaughlin, a senior lecturer at the Harvard Graduate School of Education who researches college presidents, said it's becoming more common to name a single finalist at public universities because a president job hunting can almost be viewed as «infidelity.»»

A common - law partner is defined as a person who has lived with you in a conjugal relationship throughout the 12 - month period that ends at that time, or who is the natural or adoptive parent of your child.

You are not considered a first - time home buyer if, at any time during the period beginning January 1 of the fourth year before the year of the withdrawal and ending 31 days before the date of withdrawal, you or your spouse or common - law partner owned a home that you occupied as your principal place of residence.

(ii) to the extent that the spouse or common - law partner does not, at the time of the contribution of the property under the TFSA, have an excess TFSA amount (as defined in subsection 207.01 (1)-RRB-.»

To qualify, you or your spouse or common - law partner must be enrolled or committed to enrol as a full - time student in a qualifying education program of at least three months» duration at a designated educational institution.

If you have designated both a successor holder, and a beneficiary, at your death, the person designated as your successor holder will become the holder of your TFSA except if that person has either a) died before you; or b) is no longer your current spouse or common - law partner at the time of your death.

Note, for tax purposes, if you're not married, the Canada Revenue Agency defines common - law relationships as couples who have been living together for at least 12 months.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

As such, parties used to other developed common law jurisdictions, such England & Wales, either as their domestic regime or as leading seats of arbitration they are familiar with, will feel at home and able to comfortably navigate the AO should Hong Kong law be chosen as the applicable curial (procedural lawAs such, parties used to other developed common law jurisdictions, such England & Wales, either as their domestic regime or as leading seats of arbitration they are familiar with, will feel at home and able to comfortably navigate the AO should Hong Kong law be chosen as the applicable curial (procedural lawas their domestic regime or as leading seats of arbitration they are familiar with, will feel at home and able to comfortably navigate the AO should Hong Kong law be chosen as the applicable curial (procedural lawas leading seats of arbitration they are familiar with, will feel at home and able to comfortably navigate the AO should Hong Kong law be chosen as the applicable curial (procedural lawas the applicable curial (procedural law).

The strength of the English legal system is its adaptability to changes in society; as Lord Hope noted in Chartbrook Ltd v Persimmon Homes Ltd, «one of the strengths of the common law is that it can take a fresh look at itself so that it can keep pace with changing circumstances.»

As far as the Court of Appeal was concerned, however, the fl aw in this argument lay in the fact that there was no existing common law duty at the time that FIA 2000 was passeAs far as the Court of Appeal was concerned, however, the fl aw in this argument lay in the fact that there was no existing common law duty at the time that FIA 2000 was passeas the Court of Appeal was concerned, however, the fl aw in this argument lay in the fact that there was no existing common law duty at the time that FIA 2000 was passed.

It was in respect of her containment that the appellant brought an action against the Commissioner for damages at common law for false imprisonment and under s 7 of the Human Rights Act 1998 (HRA 1998) in respect of her right to liberty as guaranteed by Art 5 of the Convention.

And as Monica Bay notes at The Common Scold, credit also goes to long - time legal technology innovator Rick Klau, a lawyer who has worked at Google since 2007, helping to enhance its blogging platform and also assisting in this case law project.

As always with our money issue, readers will find the money theme running throughout the magazine from our always popular legal fees survey, «The going rate,» which looks at what lawyers are charging across the country for some of the most common legal work, to our legal reports on M&A and insolvency law.

The same could be true of the next generation of lawyers and their current legal research professors.2 We have likely reached a point at which our frames of reference diverge sufficiently that we don't share a common reference point for approaching the structure of legal research.3 Arguably, the tech - saturated millennials need a solid research foundation more than any generation before them.4 Yet many of them regard our legal research instruction as cumbersome or outdated.5 Having grown up using intuitive electronic devices, and using them to good advantage, 6 many modern law students resist legal research methods that require rigidity, formality, or — worst of all — a trip to a print library.7 Indeed, many of them are downright «mistrustful both of physical libraries and of those who extol their virtues.»

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».

Both were unlawful at common law (as was «barratry,» the stirring up of litigation whether or not resources were advanced for its prosecution) but as I discussed in The Litigation Explosion (1991), the old common law rules have fallen into general disuse.

At the same time, Rose says there is plenty that we don't know, such as whether or not it is safer for employers to use fewer words in a termination clause and avoid all - inclusive language, and whether, for public policy reasons, future court decisions will put an onus on employers to make clear to employees the differences between ESA entitlements and the common law before they sign ESA - only contracts.

In OFT v Abbey National plc and others [2008] EWHC 875 (Comm), [2008] All ER (D) 349 (Apr) Mr Justice Andrew Smith ruled that none of the terms considered were void as penalties at common law, but they were susceptible to assessment as to fairness under the Consumer Contracts Regulations 1999 (SI 1999/2083) reg 6 (2).

At the same time as the justices in Re A were briefly deliberating, seven justices (Lords Neuberger, Clarke and Reed were common to both constitutions) were addressing the subject of privilege in the context of legal advice (R (Prudential plc and anor) v Special Commissioner of Income Tax [2013] UKSC 1: legal advice privilege does not apply to advice on law given by accountants).

«Exigent circumstances» is a common concept in criminal law that has been applied for many years in many different contexts and is not as extraordinary as may appear at first glance.

This year, as we have done for a few years in the past, Slaw will each day in the coming week host a number of student essays written for Professor Adam Dodek's first year course in Legal Ethics at the University of Ottawa Faculty of Common Law.

Law Technology News editor - in - chief Monica Bay attended Legal Tech West Coast this week, where her technology barometer found both whirlwinds and shifting winds, as she relates at her blog The Common Scold.

The Luxembourg Court, in adherence to the great shift in thoughts aimed at protecting «the rule of law at the national and international levels», as the United Nations General Assembly urges (see UN GA Resolution A / RES / 67 / 2012), and intended to repress the crime of serious VAT fraud, with established an effective measure (i.e., the disapplication of national rules incompatible with Article 325 (1) TFEU, Article 2 (1) of the 1995 PIF Convention as well as Directive 2006/112 on the EU's common system of VAT, read in conjunction with Article 4 (3) TEU) which, alongside the guilty, condemns States defaulting and disrespecting EU law and the founding principles of the world legal order.

One commentator describes the oppression remedy as «the broadest, most comprehensive and most open - ended shareholder remedy in the common law world»: S. M. Beck, «Minority Shareholders» Rights in the 1980s», in Corporate Law in the 80s (1982), 311, at p. 3law world»: S. M. Beck, «Minority Shareholders» Rights in the 1980s», in Corporate Law in the 80s (1982), 311, at p. 3Law in the 80s (1982), 311, at p. 312.

As Lord Kerr explained (at [68]-RRB-: «Courts exist in order to ensure that the laws made by Parliament, and the common law created by the courts themselves, are applied and enforced».

At contract law you have a common mistake as to character or value - you both (mistakenly) believed the car was a Prius C four.

After obtaining an honours degree in English literature from Concordia University in Montreal, she taught English as a second language in Asia and at McGill University before earning both civil law and common law degrees from McGill University's Faculty of Llaw and common law degrees from McGill University's Faculty of Llaw degrees from McGill University's Faculty of LawLaw.