Sentences with phrase «contemplation of the parties»

It is within the reasonable contemplation of the parties at the time the contract is made that breach of the contract could cause mental distress.

Documents created for the purposes of preparing for, or conducting, adversarial proceedings are privileged if this was their dominant purpose and the document is a confidential communication between the lawyer and client, or either and a third party such as a compliance consultant, provided that adversarial proceedings were in reasonable contemplation of the party.

«Even if there was a signature of mine on it, if there are intervening events that are outside the contemplation of the parties, such as this recession, that could theoretically be a way to lay people off,» Paterson said.

«' I don't think the memorandum of understanding is one that could not be changed because of events not within the contemplation of the parties,» Mr. Paterson said at that time.

It went on to state that if an employee can prove that the manner of dismissal caused mental distress that was in the contemplation of the parties, that those damages will be awarded not through an arbitrary extension of the notice but through an award that reflects the actual damages.

To the extent a release contains general language, the court must determine what was within the contemplation of the parties.

It was incurred as a direct result of the revised nomination of Ras Tanura as a loading port, and it was readily within the contemplation of parties to a charter that a change of loading port would lead to different and potentially more expensive bunkering arrangements.

In deciding whether or not that is the case, it is necessary to have regard to the general nature of the contract as well as its specific terms, the context in which it was made, and the contemplation of the parties as to the range of circumstances in which it might come to be performed.

One can look at the circumstances surrounding the giving of the release to determine what was specially in the contemplation of the parties.

The Court of Appeal held that while the Release did not purport to release all possible claims, without limitation, that may exist between the parties, the Release did contain general language, and the Court must try to determine the matters that were specially within the contemplation of the parties.

General language in a release will be limited to the thing or things that were specifically in the contemplation of the parties when the release was given.

The charterparty contained the war clause and it was therefore within the contemplation of the parties that the charter might be terminated early if the war clause was triggered by an outbreak of hostilities.

The judge added, «Indemnity against costs of a defence to criminal charges can not have been outside the contemplation of the parties to the present agreement.»

The Supreme Court of Canada stated in Honda Canada Inc. v. Keays.1 that an award of moral damages is based on the principle, articulated in Hadley v. Baxendale, 2 that damages are recoverable for a contractual breach if the damages are «such as may fairly and reasonably be considered either arising naturally... from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties».

[45] I am satisfied, essentially on the sole basis that the events of the nearly 20 years since the making of the separation agreement were so out of the contemplation of the parties that the 1998 agreement can not stand.

Negligence must clearly have been in the contemplation of the parties when this was being drafted.

For example, «the claims» might be defined as ``... all claims, counterclaims, rights of set - off, rights of contribution, entitlements to costs, causes of action, or rights or interests of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, however and whenever arising in whatever capacity or jurisdiction, whether in the contemplation of the parties at the time or not...»

Where there was a suspensive condition such as a war clause, however, the duration of the charter was always uncertain, depending on a contingency of the occurrence of an event which was by definition within the contemplation of the parties.

The duration of the charter might in a case such as the present be affected by the contingency of the occurrence of an event which was in the contemplation of the parties and catered for in the terms of the charterparty.

Hadley provided a straightforward rule for the recovery of damages for breach of contract — in essence, that the loss should have been in the contemplation of the parties had they contemplated breach when the contract was made.

The wife caught a cold, but was denied damages since her loss was neither an «immediate and necessary effect of the breach nor in the contemplation of the parties».