Sentences with phrase «common law position»

The traditional common law position, represented by cases such as National Trust v. Bouckhuyt (1987), 61 O.R. (2d) 640 (C.A.), was that a discretionary licence issued by a government body grants a mere... [more]

What follows is a basic common law position (California is a common law jurisdiction).

This is the standard common law position.

However, that common law position, that «every dog is entitled to one bite,» has now been displaced by statute; DOLA, s. 2 (3), no longer requires prior knowledge of the dog's vicious propensities.

As a result we should revert to the common law position, where success fees can be judicially assessed at Detailed Assessment.

It is worth noting that nothing in Southland Corp. v. Keating, 465 U.S. 1 (1984) changes this common law position; it simply requires that the parties must abide by the terms of the contract that requires arbitration to resolve disputes.

Appeal of Hong Kong considered the common law position and held that a multiple derivative action could be brought.

The recent decision of the Court of Final Appeal of Hong Kong in Waddington Limited v Chan Chun Hoo Thomas FACV 15/2007 provides useful guidance on the common law position.

In giving the leading judgment (with which all the other judges agreed), Lord Millett reviewed the common law position.

While not binding on other common law courts, the clear explanation of the common law position provided by Lord Millett is likely to be followed.

In Waddington, the Court of Final Appeal of Hong Kong considered the common law position and held that a multiple derivative action could be brought.

In the credit card ruling, the OFT suggested that a comparison should be made between the common law position and the position under the regulations, and that if a charge did not amount to a genuine pre-estimate of loss, it would be very unlikely to satisfy the test of fairness under the regulations.

Happily, or confusingly, the common law position is not abolished.