The court also found that none of the conversations between the parties demonstrated an intent to be bound
by an oral agreement.
The claimant alleged that he was entitled
by an oral agreement to a share of a Russian company known as «Rusal», that English law and jurisdiction had been orally agreed, and that it would not be possible to bring his claim in Russia since he would face assassination, arrest on trumped - up charges and the lack of a fair trial.
According to the claimant,
by an oral agreement of March 2001, the claimant agreed to hold 20 % of the shares in the company on trust for him.
A partnership agreement can be solidified
by an oral agreement between partners, but experts recommend putting the terms down in writing.
Contracts may be formed
by oral agreements supported by action or writings.
Not exact matches
The investor enters into an
oral or written
agreement for the vendor — or someone recommended
by the vendor — to sell goods or services to the investor that allow them to begin a business.
(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated
by this
Agreement or otherwise), whether formal or informal,
oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored
by or maintained
by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.
Entire
Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this A
Agreement: You agree that this
Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this A
Agreement constitutes the entire, complete and exclusive
agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this A
agreement between you and us regarding the Service and supersedes all prior
agreements and understandings, whether written or
oral, or whether established
by custom, practice, policy or precedent, with respect to the subject matter of this
AgreementAgreement.
Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and
oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed
by both parties, except as otherwise provided herein.
These Terms and Conditions represent the entire
agreement between you and The Endocrine Society with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and
oral representations, understandings, and
agreements, express and implied, and will be governed
by and construed in accordance with the laws of the State of Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LA
by and construed in accordance with the laws of the State of Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED
BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LA
BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION
BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LA
BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
The
Agreement may not be contradicted by evidence of any oral agreement or alleged oral agreement and contains the terms applicable to the credit tra
Agreement may not be contradicted
by evidence of any
oral agreement or alleged oral agreement and contains the terms applicable to the credit tra
agreement or alleged
oral agreement and contains the terms applicable to the credit tra
agreement and contains the terms applicable to the credit transaction.
Any claim, dispute, or controversy («Claim») arising out of or relating in any way to: i) this
Agreement; ii) the Savings Account; iii) your establishment of the Savings Account; iv) your use of the Savings Account; v) the amount of available funds in the Savings Account; vi) advertisements, promotions or
oral or written statements related to the Savings Account; vii) the benefits and services related to the Savings Account; or viii) transactions made using the Savings Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved
by binding individual arbitration conducted
by the American Arbitration Association («AAA») under its Consumer Arbitration Rules.
This written
agreement may not be contradicted
by evidence of any
oral agreement.
This written
Agreement and Disclosure may not be contradicted by evidence of any alleged oral a
Agreement and Disclosure may not be contradicted
by evidence of any alleged
oral agreementagreement.
vi) no information or advice, whether expressed, implied,
oral or written, obtained
by you from KINDNESS ANIMAL HOSPITAL or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User
Agreement.
These Terms and Conditions supersede and render invalid any other arrangements,
agreements or promises, whether written or
oral, which may have been made
by one party to the other; any superseded arrangements,
agreements or promises shall have no further force or effect.
This ToU, including the documents expressly incorporated
by reference, constitutes the entire
agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic,
oral or written, between you and us with respect to the Site.
Led
by Vernon Flynn QC and Jeremy Brier, instructed
by Dina Shiloh of Mischon de Reya, in this commercial court dispute arising from
oral agreements in respect of a consultancy relationship in Nigeria.
A contract can be explicitly modified
by verbal
agreement, or can be entirely verbal, but
oral agreements face evidence problems, namely, what exactly did A and B say?
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.
Terms can be made
by express or implied
oral agreement and even through the conduct of the parties.
s 9 (2) Where a residence is leased
by a respondent under an
oral, written or implied
agreement and a claimant who is not a party to the lease is granted exclusive occupation of that residence, no landlord may evict the claimant solely on the basis that the claimant is not a party to the lease.
The Court held that the clear non-reliance language prevented plaintiff from establishing justifiable reliance on any
oral statements made
by Company 1 to induce plaintiff to sign the offer letter or on Company 2 statements before signing the employment
agreement.
it is not possible to retroactively cancel an issuance of shares
by way of simple
oral consent; issuance of shares can be cancelled only if (a) the corporation's articles are amended or (b) the corporation reaches an
agreement to purchase the shares, which requires the directors pass a resolution, the shareholder in question gives his or her express consent and the tests of solvency and liquidity are met
Galenica Group recently announced that it has entered into a definitive
agreement to acquire the US company Relypsa, Inc., (NASDAQ: RLYP), further strengthening its Business unit Vifor Pharma
by gaining full global rights to the potassium binder Veltassa ® (patiromer) for
oral suspension and...
The judge held that an
oral agreement had been entered into on 27 February 2012, supported
by consideration in the practical benefit that the Respondent would honour some and hopefully all of its obligations, but that this was not enforceable due to the anti-
oral variation clause contained in the licence.
We will notify you of material changes to this
Agreement (i)
by sending a notice to all email addresses that you have provided to us in any
oral or written communications with us, which will take effect immediately upon our sending of this email, and / or (ii) through our Website at least 30 days before the change taking effect
by posting a notice on our home page.
An
oral agreement in principle was reached
by the parties covering the core terms of the negotiations.
The tribunal had correctly noted that there was nothing to prevent the parties to a contract from effecting a variation of it
by mutual
agreement, and that the terms of a written instrument might be varied
by a subsequent
agreement, whether written or
oral.
Galenica Group recently announced that it has entered into a definitive
agreement to acquire the US company Relypsa, Inc., (NASDAQ: RLYP), further strengthening its Business unit Vifor Pharma
by gaining full global rights to the potassium binder Veltassa ® (patiromer) for
oral suspension and enhancing its growing position as a global specialty pharmaceutical company.
Part II discusses the validity of
oral agreements made on behalf of divorcing spouses
by their lawyers.
Although unwritten promises may be more difficult to enforce than written terms, Virginia divorce laws do allow for an
oral agreement if a spouse can provide proof accepted
by the court.
any
oral or written communication prepared or expressed for the purposes of, in the course of, or pursuant to, any mediation services proceeding or dispute resolution program proceeding, including, but not limited to, any memoranda, notes, records, or work product of a mediator, mediation organization, or party; except that a written
agreement to enter into a mediation service proceeding or dispute resolution proceeding, or a final written
agreement reached as a result of a mediation service proceeding or dispute resolution proceeding, which has been fully executed, is not a mediation communication unless otherwise agreed upon
by the parties.
These Terms constitute the entire
agreement and understanding between the parties with respect to their subject matter and may not be contradicted
by evidence of any prior or contemporaneous
oral or written
agreement.
The Supreme Court of Wyoming has ruled that a landlord who entered into an
oral agreement to make repairs to leased space, which is supported
by adequate consideration, can be liable for injuries resulting from the failure to properly make these repairs.
While the Statute of Frauds in many states bars
oral agreements for real estate transactions, New Jersey's Statute of Frauds does not bar
oral agreements in real estate transactions if a party can show either of the following: a sufficient identification of the property to be transferred, identification of the interest to be transferred, identification of the parties to the transaction, and the existence of the
agreement are established in a writing
by or on behalf of the party against whom enforcement is sought; or, a sufficient identification of the property to be transferred, identification of the interest to be transferred, identification of the parties to the transaction, and the existence of the
agreement proved
by clear and convincing evidence.
After all, there was an
oral agreement, not matched
by the person with priority, with a piece of paper, although drafted after the
oral accord taking or placing the deal within the Statute of Frauds.
Express agency is created
by either an
oral or a written
agreement between the principal and the agent.
American Corporate Real Estate v. Lifetime Hoan Corp. (233 A.D. 2d 413)- broker not entitled to commission where building ultimately purchased
by buyer was not available for purchase when broker introduced buyer to building; under facts of the case, broker's allegation of
oral exclusive broker's
agreement is insufficient to warrant denial of buyer's motion for summary judgment.
SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set
by the prospective sublessor, the parties» disagreement as to the terms of their
oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected
by the landlord.
Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an
oral employment
agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion
by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired
by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract
These Agent Terms, together with the ReferralExchange.com Terms of Use https://www.referralexchange.com/terms-of-use, which are hereby incorporated
by reference into these Agent Terms, constitute the entire
agreement between you and us, govern your use of the Services, and supersede any and all prior
agreements, written or
oral, between you and us.