At trial, Judge O'Ferrall held that a defect is «a shortcoming, failing or lack of something essential» and that the prior flood occurrence was a «defect» as
contemplated by Clause 6.1 (h) of the contract.
Not exact matches
Although the Chief Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory immunity provisions relied upon
by the ERCB and Alberta Environment — was that the immunity
clause with respect to the former explicitly
contemplated the regulator as an entity («the Board or a member of the Board...») whereas the immunity provisions under the Water Act and the EPEA did not (referring only to «persons» in various capacities; see paras 62 — 71).
Like the Connecticut Sabbath law, Title VII attempts to lift a burden on religious practice that is imposed
by private employers, and hence it is not the sort of accommodation statute specifically
contemplated by the Free Exercise
Clause.
So - called «suicide
clauses» vary
by insurer and are designed to discourage people from buying life insurance when
contemplating suicide.