Sentences with phrase «circumstance of execution»

[210] I would give the spousal support provisions of the marriage agreement no weight on the basis of the circumstance of execution alone.

At the summary judgment hearing the Master found in Mr Ellis's favour, stating that the circumstances of execution of the will and Mr Ellis's record of the deceased's instructions created a strong presumption in favour of the will and that the appellants» submissions had not created sufficient suspicion as to validity to rebut the presumption.

Not exact matches

Smart Contracts are preconditioned by their codes to respond to different triggers that would allow them specific acts of execution depending on the circumstances.

«The example of Oklahoma should be very troubling for Arkansas officials,» said Dale Baich, a defense attorney who represented Joseph Wood, who died in similarly grotesque circumstances in a botched execution involving midazolam in Arizona that same year.

For example, one trade credit policy form requires the policyholder to warrant, among other things, that (a) as of the execution of this Insurance Policy, it has no knowledge of any circumstance which could give rise to or increase the likelihood of a Loss; and (b) all of the information that it has provided and will provide to the Underwriter including, but not limited to, the information provided in the Application for Insurance, is and will be true and that no material information has been or will be withheld.

It is also the only way to avert the execution of persons who did commit the crime in question, but did so under circumstances of mitigation or diminished capacity such that capital punishment would not normally have been imposed had the circumstances been more fully understood.

Confronted with this curious circumstance of an admired theologian whose work stands in opposition to the faith of his professed ecclesial community, even the most respectful inquiry would have to conclude, however reluctantly, that something went gravely awry in Balthasar's execution of the task of ecclesial theologian.

The circumstances were much different and the shot was a different play, but the execution out and over the lip made me think of a vintage Tiger pulling off all the shots that others don't conceive.

With the availability of multiple marketplaces (such as Alpha, Pure and Chi - X), new circumstances come into play in the trade order execution process, which is no longer limited to the Toronto Exchange exclusively.

Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those cCircumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those circumstancescircumstances.

This circumstance, together with the preference kindly expressed by Mr. Cooper's family, doubtless influenced the selection of the writer for the honorable task of preparing this book, — a task which was welcome as a labor of love, though the execution of it has been hindered and impaired by the demands of other duties.

... while the nature of the evidence that can be relied on under [the] rubric of «surrounding circumstances» will vary from case to case, it should consist only of objective evidence of the background facts at the time of the execution of the contract.

Staff should be encouraged to be open and honest about the circumstances of the accident, so that failings in the design or execution of work tasks and protocols can be identified.

A judge only gets to the second step of stage one if the circumstances surrounding the negotiation and execution of the agreement are «unimpeachable».

[60] There is the possibility that part of the agreement will pass stage one of the Miglin analysis and part will be disregarded; for example, where the circumstances surrounding the negotiation and execution of the agreement are acceptable but a provision, such as duration, is not in substantial compliance with the Act.

Thus, it proposes that there should be a gap of 28 days between the execution of the agreement and the date of the marriage; that disclosure of «material circumstances» should be required (although this term is hardly defined in the proposal); and that the parties should have legal advice (presumably independent advice) before signing the contract.

However, it remains to be seen whether the Execution Court will in fact take such an approach, particularly in circumstances where it is clear that the DIFC Courts have merely been used as a means or conduit to avoid recognition of the judgment through the Dubai Courts.

In addition, there must be a change in the parties» circumstance as identified in Miglin since the execution of the agreement.

[88] Although the change contemplated by stage two need not be «radically unforeseen», and the applicant need not demonstrate a casual connection to the marriage, the applicant must nevertheless clearly show that, in light of the new circumstances, the terms of the agreement no longer reflect the parties» intentions at the time of execution and the objectives of the Act.

Raymond argued that pursuant to the case of Nguyen - Crawford v. Nguyen, 2010 ONSC 6836, when there were suspicious circumstances of undue influence surrounding the execution of a power of attorney, the presumption of capacity is inoperative and the burden of proof regarding capacity shifts to the attorney.

Assuming there is complete financial disclosure and the prenuptial agreement does not violate any statue or public policy, the court's main focus will be comparing the circumstances of the parties at the time of the execution with the parties» financial condition at the time of the divorce.

In deciding that the plaintiff was both foreseeable and proximate to the defendants, Handrigan J. cited two other wills cases: Wilhelm v. Hickson and White v. Jones for the general principle that disappointed beneficiaries, even if unknown personally to a party who drafts a will, are sufficiently proximate to the will drafter to be able to succeed in negligence against the will drafter in certain circumstances (Wilhelm was a case about misidentification of the owner of property; White was about undue delay in execution).

Where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps, if any, as he reasonably ought in order to satisfy himself that the contractor was competent and that the work had been properly done.

Monitor all phases of project execution and make detailed records of the results derived under different circumstances

Given the background of sustained governmental intrusion into the lives of Aboriginal people intended and envisaged by the National Emergency Response legislation, «just terms» in this context could well require consultation before action; special care in the execution of the laws; and active participation in performance in order to satisfy the constitutional obligation in these special factual circumstances... [119]

A licensee may be required to take documents to a seller and / or buyer for execution under unusual circumstances and such documents must be taken to a seller and / or buyer accompanied by a letter of undertaking from the conveyancing notary public or lawyer confirming arrangements for registration and payment of money.