Sentences with phrase «binding upon»

Anything that was said by or among the parties before the contract is signed will generally not be binding upon the Buyer or Seller (language to this effect is incorporated into most «standard» real estate contracts).

Standard RI P&S allows you to assign the contract - it is # 26 on the contract and it states» this contract may be assigned by either party w / o written consent of the other, and shall be binding upon the assigns of buyer and seller»

Lancaster argued that the Board's decision was not binding upon her under Arkansas law because she was an employee of West at the time the dispute arose.

If the territory of a Member Board has never been approved, the Board of Directors of the National Association shall, upon notice to such Member Board and an opportunity for hearing, define its territory, and such action shall be binding upon the Member Board concerned.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If you and your spouse can agree to the terms of your separation in a written agreement, the state considers it binding upon both of you.

Either way, the court will grant a decree of separation, which is binding upon both you and your spouse.

You acknowledge that this employment offer letter, (along with the final form of any enclosed documents), represents the entire agreement between you and (Company Name) and that no verbal or written agreements, promises or representations that are not specifically stated in this employment offer letter, are or will be binding upon (Company Name).

Subject to the foregoing, all the terms and conditions contained herein shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns.

Yet the UK's membership of European institutions involves the UK's having entered into commitments that are binding upon it in international law; that position can be adjusted neither by establishing a constitutional court nor (as the Prime Minister has suggested) by legislating to assert parliamentary sovereignty.

So the question was whether, notwithstanding that it was wrong in law, the decision remained binding upon the parties.

It was said that there were broadly two perspectives expressed, namely: (i) on the one hand, from those countries whose laws rendered pre-dispute agreements to arbitrate not binding upon consumers, and (ii) on the other, from those countries where no such laws were in place.

Previous caselaw and statutes may be consulted, but they are not binding upon a true code.

ideas and concepts binding upon them, a body of doctrine.

The submission of this Lease by Landlord, its broker, agent or representative, for examination or execution by Tenant, does not constitute an option or offer to lease the Premises upon the terms and conditions contained herein or a reservation of the Premises in favor of Tenant; it being intended hereby that notwithstanding the preparation of space plans and / or tenant improvements plans, etc., and / or the expenditure by Tenant of time and / or money while engaged in negotiations in anticipation of it becoming the Tenant under this Lease, or Tenants forbearing pursuit of other leasing opportunities, or even Tenants execution of this Lease and submission of same to Landlord, that this Lease shall become effective and binding upon Landlord only upon the execution hereof by Landlord and its delivery of a fully executed counterpart hereof to Tenant.

It is apparent from this wording that the UN Security Council is endowed with a power to make determinations of fact (which in practice are unlikely to be susceptible to judicial review before the International Court of Justice), which in turn may trigger resolutions authorising the use of force, and otherwise binding upon all UN member states.

In particular, acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon which are amended shall continue to be binding upon and applicable to Denmark unchanged.

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.

None of the provisions of Title V of Part Three of the Treaty on the Functioning of the European Union, no measure adopted pursuant to that Title, no provision of any international agreement concluded by the Union pursuant to that Title, and no decision of the Court of Justice of the European Union interpreting any such provision or measure or any measure amended or amendable pursuant to that Title shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the Community or Union acquis nor form part of Union law as they apply to Denmark.

Insofar as any of the Claimants may have discontinued a case brought within the HIV Haemophilia Litigation whether such discontinuance is binding upon those Claimants and / or their dependants, and in all the circumstances whether it is unconscionable for the Defendant to rely upon the said discontinuance.

An unconstitutional statute is not necessarily a nullity; it may have intermediate consequences binding upon people.

Such application are not yet legal in the sense that no court of law or judicial or legal body has vetted or approved such use as legally relevant, let alone legally binding upon any third party or government agency.

The terms of the agreement — except for the provisions relating to the children — are binding upon the court, unless the court determines that the agreement is unconscionable.

In distinguishing Mr. Ljuboja's case from the Investia decision, and in finding that the Investia decision was not binding upon the Board, Vice-Chair Nyman held that:

48 This agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns.

But because the decision will be a first for superior courts in Canada, and because such decisions are binding upon the lower courts, the ruling will have broad impact.

Under Court Rule 22 N.Y.C.R.R. § 202.16 - a, the listed orders are binding upon a plaintiff upon commencement of the matrimonial action and upon a defendant upon service of the summons or summons and complaint (see Domestic Relations Law § 236 [B][2][b]-RRB-.

Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

In order to have mental health legislation altered (very unlikely to demolish) you would have to prove that it's provisions are incompatible with Convention Rights, and even then the courts can only make a declaration via s. 4 of the HRA which isn't legally binding upon Parliament.

Parties should be free to cite unpublished opinions as persuasive, while not binding upon the court.

Consider just the following provision: «The obligations herein shall be binding upon Recipient for five (5) years from the date Owner last discloses any Confidential Information to Recipient pursuant to this Agreement.»

Under the reported U.S. proposal, companies will basically be tasked with coming up with their own privacy protections, which would then be binding upon them.

A delegation of Canadian civil society groups, including CCLA, was in Geneva last month to participate in a UPR pre-session — CCLA updated States on our concerns about Canada's actions regarding rights and liberties guaranteed by international law and binding upon Canada.

C. May The International Tribunal Also Apply International Agreements Binding Upon The Conflicting Parties?

Put differently, the corollary of the presumption of compliance is that «courts will apply the law laid down by statute or common law, even if it is inconsistent with a treaty which is binding upon Canada.»

If it has, the previous ruling should in principle be binding upon this supreme court as well.

The Ontario Evidence Act, RSO 1990, c E. 23, states that an oath may be administered while the person holds either the Old or New Testament in his or her hand, «without requiring him or her to kiss the same»: If a witness objects to being sworn in this way, or declares that the oath given in this way «is not binding upon the person's conscience» then the oath is to be given in a way that the witness considers to be binding.

There was no room for «reading down» the provisions of the 1947 Convention in order to take account of the provisions of the subsequent ECHR — a treaty which was binding upon only a minority of the parties to the 1947 Convention.

Furthermore, the Court stated that the customary rule on the territorial scope of treaties (cf Article 29 VCLT) provides that treaties are binding upon parties in respect of their «entire territory», unless a different intention appears from the treaty or is otherwise established.

Even though Bangladeshi courts have come to conflicting decisions as to the scope of the Act, there is a decision of the Appellate Division of the Supreme Court of Bangladesh restricting the application of the Act [10], and pursuant to Article 111 of the Constitution of the People's Republic of Bangladesh, a decision of the Appellate Division of the Supreme Court is binding upon the High Court Division and other courts subordinated to it.

Nevertheless, Article 16 TSCG is binding upon the participating Member States under international law.

Even if you were to convince a police officer or motor - vehicle administrator to give you a «firm answer», it would not necessarily be binding upon them or anyone else, if it turns out they were incorrect.

-- It is binding upon government and can only be overridden with significant difficulty.

As such it is of persuasive authority and is not binding upon me.

The default position in public international law is set down in Article 29 of the Vienna Convention on the Law of Treaties (VCLT) which stipulates that unless a different intention appears from the Treaty or is otherwise established, a Treaty is binding upon each party in respect of its entire territory.

In so doing, the Tribunal «shall follow the prevailing interpretation given to the domestic law by the courts and authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party» (Article 8.31 CETA).

To forestall complications which would result from legal disputes concerning the compatibility with the treaty of international agreements binding upon the community.

In the words of the Court, that procedure «has the aim of forestalling complications which would result from legal disputes concerning the compatibility with the Treaties of international agreements binding upon the European Union».

The provision continues by stating that in «doing so, the Tribunal shall follow the prevailing interpretation given to the domestic law by the courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.»

A bonus of this was that the king's decisions were binding upon all Englishmen.