Sentences with phrase «conduct of the parties»

This is important because a contract is more than the written agreement; it involves the entire conduct of the parties.

There are lessons to be learned from this decision, which focuses on the need to review the day - to - day conduct of the parties and the transactions in issue.

These two cases illustrate that the courts will analyse the respective conduct of parties in response to a proposal to mediate.

The question has urgency because of the upcoming midterm elections, and because of the disgraceful recent conduct of party leaders.

These joint decisions and approvals can occur at any level of the organization, and be deemed to be accepted through unknowing acquiescence and subsequent conduct of the parties.

He said: «We wishes to congratulate all its members for the generally peaceful conduct of the Party's ward congresses which took place across the country over the weekend.

Although, a contract may also be made by word of mouth or implied via conduct of both parties — however having a written contract can be used for evidential purposes.

The Protocols govern the initial conduct of the parties in respect of particular types of dispute, including the following:

The general guidelines are designed to promote generally the good and equal conduct of the parties» legal representatives (Annex 1, para 1).

In order to successfully prove a superseding cause, the defendant must show that the plaintiff's injury was caused by the negligent conduct of another party and that it could not have been anticipated by the defendant.

Furthermore, the Court of Appeal determined that, even if the Application Judge was in error with respect to whether there had been reductions in space rented by the Appellant, such an error was ``... not one which would have affected the result» since both the evidence and conduct of the parties suggested ``... whenever a change to the Lease was sought the parties negotiated the terms and entered into a written agreement».

Indiana courts have the discretion to divide the assets differently and will look at a number of factors, including: 1) contribution of each spouse to the acquisition of the property 2) inheritance or gifted property 3) the award of the family residence 4) conduct of parties relating to the waste of marital assets such as gambling losses 5) comparative income of both parties.

In general terms, I no doubt share the views of many of you that the risks posed by televising court proceedings — risks to prosecutors, to court staff, to witnesses and to how the presence of cameras affects the evidence and conduct of the parties involved — are very real and warrant significant weight when evaluating how to proceed.

Given the exceptional circumstances of the case, however, it is unclear where courts will draw the line with respect to the communications and conduct of parties in more «grey area» cases.

The APC equally congratulated all its members for the generally peaceful conduct of the party's ward congresses which took place on Saturday.

«The conflict has become increasingly sectarian, with the conduct of the parties becoming significantly more radicalized and militarized,» the UN said earlier this year.

An internal audit report highlighting widespread malfeasance in the conduct of party primaries under the supervision of the Deputy Chair Operations is attached and marked CO28.

The Independent National Electoral Commission had, earlier in the year, released the guidelines for the next general elections, indicating that the conduct of party primaries, including resolution of disputes arising from the primaries, would take place between August 18 and October 7.

Arise, who represented Ekiti North senatorial district in the 6th Assembly said Tinubu told him he would decide to support an aspirant, after the conduct of the party's primary election in the state, slated for May 5.

This was even as the party leadership held that the conduct of the party's ward congresses across the 36 states of the federation and the Federal Capital Territory was largely peaceful.

The attention of the New Patriotic Party (NPP) has been drawn to a secret recording making rounds on social media involving the deputy general secretary of the party, Nana Obiri Boahen, in which he alleged that the Flagstaff House advanced an amount of «GHC 50 billion» to the NPP in support of the conduct of the party's 2017 National Annual Delegates Conference held at Cape Coast.

The acting General Secretary of the governing New Patriotic Party (NPP), John Boadu, says his Deputy, Nana Obiri Boahen, admitted that he lied when he suggested that government donated an amount of GHC 50 billion for the conduct of the party's 2017 Annual National Delegates Conference held in Cape Coast in 2017.

According to the Timetable and Schedule of Activities signed by the Commission's Secretary, Mrs Augusta Ogakwu and dated 11th October, Notice of Election will be issued on 20th October while 31st October is the deadline for the conduct of party primaries.

«Campaigns will commence on June 24, while the conduct of party primaries for the selection of candidates by political parties would hold between the June 24 and July 23.»

Two dependent contractors will receive $ 125,000 each after the Ontario Court of Appeal upheld an award of 26 months notice in the recent decision in Keenan v. Canac Kitchens Ltd., reinforcing that the legal nature of a service relationship will be determined by the conduct of the parties, not the language used to define it.

The High Court confirmed that in exercising their discretion, arbitrators are entitled to take into account the conduct of the parties.

If the conduct of a party is such as to warrant rebuke by the Court, then the unsuccessful party runs a significant risk of having special costs awarded against him or her.

``... it can not be right to make an order under section 51 (3) of the 1981 Act unless the Court is satisfied that the conduct of the party against whom the order is to be made has been causative of the costs which have been incurred by the person [applying for] the order.

And the conduct of the parties is only relevant if it is so unconscionable as to constitute an obvious and gross repudiation of the relationship.

Since relief from forfeiture is an equitable remedy, the Court must consider the proceedings and the conduct of the parties under the circumstances, and any such terms as to payment of rent, costs, expenses, damages, compensation, penalty or the granting of an injunction to restrain any similar breach in the future.

Rather, the legal nature of the relationship is determined by the conduct of the parties over the entire length of the relationship.

If the conduct of the parties is different from how a prudent individual would have reacted under the similar circumstances, then the party will be negligent.

However, such awards require a delicate balancing act, as they must remain anchored in both the conduct of the parties and the resulting harm suffered.

A deterrent provision is merely designed to influence the conduct of a party.

Also the conduct of the parties and supervening procedural matters did not have any effect on the overall length of the proceedings (para 105).

Similarly, the conduct of the parties during consultations is not... [more]