Sentences with phrase «at common law because»

... the purchasing of a suit or right of suing a practice so much abhorred by our law that it is one main reason why a chose in action or thing of which one hath the right but not the possession is not assignable at common law because no man should purchase any pretence to sue in another's right.

Also, wire transfer is theft at common law because it permanently deprives someone of something (money).

The Claimant argued that the Ministry of Justice owed him a non-delegable duty of care at common law because the five criteria set out by Lord Sumption in Woodland were established:

The plaintiffs argued, inter alia, that the waiver was not valid at common law because it was unconscionable.

Not exact matches

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.

I could not have fulfilled the requirements of my state law by adopting the Common Core because the people of Texas didn't get a seat at that table.

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.»»

That's because, if he had, it's at least plausible the judge would have used some version of: a connection is «substantial» if it's «material» which means «if it falls outside the de minimis range», because that's where one is likely to wrongly go if one is going to err and is a lawyer who practised in common law Canada between 1997 and 2007 even if mostly on the criminal side.

Part of the reason the law - firm ecosystem has changed so dramatically in a single generation is greed: The most profitable partners steadily discarded their underachieving colleagues, because they didn't want to share the spoils... Within the next decade or so, according to one common hypothesis, there will be at most 20 to 25 firms that can operate this way — the firms whose clients have so many billions of dollars riding on their legal work that they can truly spend without limit.

In each of these situations the relevant human rights code is engaged not because of the nature of the legal relationship, or the fact that there were two legally distinct and identifiable parties at common law, but rather because the claim related to an area of activity covered by the Code and the claimant was able to show a nexus or link between him or herself, the social area and the allegedly discriminatory treatment.

A civil law lawyer has suggested that the common law is more at risk of thinking it needs provisions like this proposed bill, because it is more inclined than civil law to be specific about how offences are committed, and thus more likely to say or imply that one medium of communication rather than another is needed to commit them.

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

For those who haven't been following it, Vancouver - based equity partner John Michael McCormick sued Faskens under B.C. human rights law because the partnership agreement required him to retire at 65, which is common among law firms.

Many students do not know how to avoid the common pitfalls when making applications to law firms because they do not have the right level of information readily available, expert guidance and support at the all - important early stages of their career.

Because our team includes lawyers trained in the common law, the civil law and public international law, we are adept at developing and effecting a consistent, commercially sensible strategy that works multi-jurisdictionally.

However, they claimed that — because of the extent of its control of GM Canada — GM US was a «franchisor's associate» under the Act and was bound by the duty of good faith under section 3 of the Act and at common law.

At trial Miller asserted that because his employment was terminated without cause, he was entitled to common - law reasonable notice rather than the statutory minimum paid by ABM Canada.

The drafters of the Uniform Act (I chaired the working group that prepared it) wanted to codify the principle because the Canadian common law rule was not as easy to demonstrate in the case law at the time (1998) as it has since become.

What is more, in Ms. Redko's view, because of the problem of state action, the principle would not apply in the same way in the provinces where agreements to arbitrate and choice of forum clauses are enforceable pursuant to legislation and those where they are so at common law.

The Casebook also includes court decisions from Canada: Haig v. Canada (1992)(omission of sexual orientation in the Canadian Human Rights Act is discriminatory); Egan v. Canada (1995)(whether exclusion of same - sex relationships from the definition of common law spouse violated the Canadian Charter of Rights and Freedoms Section 15 prohibition of discrimination on the basis of sexual orientation); Vriend v. Alberta (1998)(college laboratory instructor dismissed because of his homosexuality); Hall v. Powers (2002)(student refused permission to attend a prom at a Catholic high school with his boyfriend); Halpern et al. v. Attorney General of Canada (2003)(whether denial of marriage licenses to same - sex couples based on the common law definition of marriage was discriminatory under the Charter; a postscript indicates that the 2005 Civil Marriage Act provided for gender - neutral definition of marriage).

The US has had at least a common - law action for intrusion upon seclusion for a long time, yet none of the class actions brought as a consequence of a data breach has resulted in a judgment, and the overwhelming majority have been dismissed early on because no damages have been demonstrated.

Because there is a requirement that the rights and interests be recognised at common law, the relevant normative system must have had «a continuous existence and vitality since sovereignty».

The construction of native title at common law is important because it determines whether Indigenous interests in land are capable of withstanding the grant of non-Indigenous interests created throughout the history of colonisation in Australia.

This is because the common law construction of native title is imported into the statutory definition of native title at s223, which provides;

When it comes to teams under common - law, team members can freely share information about brokerage clients amongst themselves, because industry members at common - law brokerages have always been free to share information about brokerage clients.