Sentences with phrase «do by contract law»

9) True - Buyer Brokers love FSBOs and take advantage of them as they are required to do by contract law.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

A large share of Italian debt issued under domestic legislation does not have any contract terms and is regulated by an Italian law that gives the Italian Treasury ample latitude to restructure the debt... The composition of Italian public, however, is changing rapidly because in January 2013, Eurozone members started issuing bonds with standardized contract terms.

After the Supreme Court in 1911 struck down the form of resale price maintenance enabled by fair trade laws, 59 Congress in 1937 carved out an exception for state fair trade laws through the Miller - Tydings Act.60 When the Supreme Court in 1951 ruled that producers could enforce minimum prices only against those retailers that had signed contracts agreeing to do so, 61 Congress responded with a law making minimum prices enforceable against nonsigners too.62

Contract law, for example, provides that by doing or saying certain things people can make binding agreements with one another that will be enforced by judicial authorities in the event that one or more parties fail to follow through on the agreement.

Among them were pantheism and the positions that human reason is the sole arbiter of truth and falsehood and good and evil; that Christian faith contradicts reason; that Christ is a myth; that philosophy must be treated without reference to supernatural revelation; that every man is free to embrace the religion which, guided by the light of reason, he believes to be true; that Protestantism is another form of the Christian religion in which it is possible to be as pleasing to God as in the Catholic Church; that the civil power can determine the limits within which the Catholic Church may exercise authority; that Roman Pontiffs and Ecumenical Councils have erred in defining matters of faith and morals; that the Church does not have direct or indirect temporal power or the right to invoke force; that in a conflict between Church and State the civil law should prevail; that the civil power has the right to appoint and depose bishops; that the entire direction of public schools in which the youth of Christian states are educated must be by the civil power; that the Church should be separated from the State and the State from the Church; that moral laws do not need divine sanction; that it is permissible to rebel against legitimate princes; that a civil contract may among Christians constitute true marriage; that the Catholic religion should no longer be the religion of the State to the exclusion of all other forms of worship; and «that the Roman Pontiff can and should reconcile himself to and agree with progress, liberalism and modern civilization.»

You could also take some of the products of these programs out of the public domain (if they are in the public domain) and charge royalties (or higher royalties) to cable and digital TV and radio services, satellite radio services, etc. (which are required to carry Corporation for Public Broadcasting content under current regulations) and might even get those companies to do so by contract with PBS, NPR, etc. rather than from the government, if this was authorized by law (I don't know if it is or not, but this wouldn't take much political clout to get done).

... [T] aking it in this civil light, the law treats it as it does all other contracts; allowing it to be good and valid in all cases, where the parties at the time of making it were, in the first place, willing to contract; secondly, able to contract; and, lastly, actually did contract, in the proper forms and solemnities required by law.

De Blasio, who has retained a personal lawyer and recently submitted a $ 10 million legal contract for a white collar law firm to represent the city in the matter — on the taxpayers» dime — maintained that he did everything by the rules.

(c) And also for * submissions based on the assertion that Mr. Woyome had no contract with the Government of Ghana * and therefore had no valid claims against the Government be determined by the High Court, and not by this Court (the Supreme Court), since they do not involve, according to the relevant case law, the interpretation and enforcement of the Constitution and do not therefore fall within the ambit of the Court's original jurisdiction under Article 130 (1) of the 1992 Constitution.

However, under state law, that goal only applies to contracts issued by state agencies and authorities; it does not apply to state funding given to localities such as cities, counties, towns, villages and school districts, which amounts to approximately $ 65 billion annually.

The bill, which originated in the comptroller's office both modernizes procurement law by, for example, updating the definition of «technology» and seeks to make the bidding process more open by providing more information to companies that don't win contracts.

«With this Executive Order I am putting all contractors who want to do business with Erie County on notice that they must be fully compliant with all federal and state laws regarding equal pay for women, they must prove that prior to entering into any contract with Erie County, and be subject to periodic audits by Erie County's Office of Equal Employment Opportunity,» said Poloncarz.

For one, contractors raise the question of whether the policy is legal: The 30 percent requirement does not appear in state law, but is strongly encouraged by Cuomo's Executive Chamber to be put into bids for contracts.

Lawyers from Whiteman Osterman & Hanna, the Albany law and lobbying firm retained by LPCiminelli and that employed lobbyist Todd Howe, who did work at the same time for the state - created not - for - profit corporation that awarded the Buffalo Billion contract.

By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third partBy submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third partby any third party.

All matters that do or may arise, in any way relating to the use of this Web Site, are subject to and shall be governed, construed and enforced exclusively in accordance with the laws of the country of Canada, as those laws apply to contracts made in Canada, and which are wholly performed in Canada by persons domiciled in Canada and your use of this Web Site is and shall be deemed to be your irrevocable agreement to be subject to the laws and jurisdiction of the country of Canada.

The superintendent's HR office does most of the vetting and placing, but it is shackled by the contract, by state licensure practices (which may be set by an «independent» — and probably union and ed - school dominated — professional - standards board), by seniority rules that are probably enshrined in both contract and state law, and by uniform salary schedules that mean the new teacher (assuming similar «credentials») will be paid the same fixed amount whether the subject most needed at Lincoln is math or music.

Hernandez ruled that Jindal's team did not offer any evidence that Superintendent John White had broken state law in amending an existing contract with a testing company to deliver the new Common Core exams, which were developed by the federally funded PARCC consortium.

«The law does not specify the number of classes or instruction taught on line... Whitmore Lake has given full approval to the Cyber School Board by issuing a contract... The MDE does not approve a local curriculum.»

In cases where the client does not have all services provided by the NAADATP provider, the contract spells out what additional services need to be performed for the employer to be in full compliance with any applicable federal regulations, state laws, and best practices.

First, there are laws in many states requiring contracts to be in writing unless, by their terms, they can be fulfilled within a year (these are known as Statutes of Frauds and they do in many cases apply to publishing contracts).

Assets owned individually by a decedent at death that don't pass to another person by trust (i.e. revocable living trust), contract / beneficiary designation (i.e. life insurance, annuity or 401 (k)-RRB-, or operation of law (i.e. joint tenancy with right of survivorship) may be subject to probate if the applicable threshold is exceeded.

The default, by law in Germany (if you don't agree on something else by contract), is «Zugewinngemeinschaft» — community of acquisitions.

By law, your credit repair contract must include the amount of time it's going to take the credit repair company do complete the services that are promised.

«Credit Services Organization» does not include any of the following: (i) a person authorized to make loans or extensions of credit under the laws of this State or the United States who is subject to regulation and supervision by this State or the United States, or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.); (ii) a bank or savings and loan association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or a subsidiary of such a bank or savings and loan association; (iii) a credit union doing business in this State; (iv) a nonprofit organization exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, [FN1] provided that such organization does not charge or receive any money or other valuable consideration prior to or upon the execution of a contract or other agreement between the buyer and the nonprofit organization; (v) a person licensed as a real estate broker by this state if the person is acting within the course and scope of that license; (vi) a person licensed to practice law in this State acting within the course and scope of the person's practice as an attorney; (vii) a broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation; (viii) a consumer reporting agency; and (ix) a residential mortgage loan broker or banker who is duly licensed under the Illinois Residential Mortgage License Act of 1987.

Now, most of the business done was by insurance contracts, and the laws on rehabilitation, conservation and liquidation indicate that similar parties are to be treated equitably within each class of claimants.

As mentioned by James Webster, verbal contracts do have the force of the law behind them.

The prohibition does not apply if the position is a managerial position, a position for which the information contained in the report is required by law to be disclosed or obtained, certain access to bank or credit card information, social security number, and date of birth of any one person, authority to transfer money or enter into financial contracts, access to confidential or

Mulcoy Travel does not accept any liability in contract or in tort for any personal injury, death, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, including, but not limited to, war, civil disturbance, fire, criminal activity, floods, unusually severe weather, acts of Government or any authorities, accidents to or failure of machinery or equipment, or your failure to obtain a passport, visa or proper vaccinations or to comply with applicable laws and regulations.

You warrant and represent, in respect of each entry submitted by You («Entry»), as follows: 8.4.1.1 You are the sole owner and author of each Entry 8.4.1.2 You have the right to make Your entry available to the site 8.4.1.3 Each Entry does not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content 8.4.1.4 Each Entry does not contain any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability, or otherwise violate any law 8.4.1.5 Each Entry does not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or violate any person's rights of privacy or publicity 8.4.1.6 Entries which contain any commercial content that promotes any product or service other than that of the World Photography Organisation.

How does the fact that the Statute of Frauds largely repealed in England and Wales by the Law Reform (Enforcement of Contracts) Act 1954 affect this answer?

But as a solo practitioner practicing mainly contract law, I was surprised by both the dollar amount and the fact that it regarded collaborative divorce, which is something I have never done.

Louise took the CILEx route, while Georgina took the more traditional route, doing a law degree followed by the Legal Practice Course (LPC) and a training contract.

The Supreme Court in Geys underlines this point by declaring that: «If the law requires acceptance of the repudiation, the requirement is for a real acceptance — a conscious intention to bring the contract to an end, or the doing of something that is inconsistent with its continuation» (per Lord Hope at para 17; see also Lord Wilson at para 92).

Even though this is not the place for a detailed discussion, I do wonder: By what logic is something that is clearly an agreement in the contract law sense of the word not an agreement for competition law purposes?

The court thoroughly reviewed US and Canadian law on the topic and recited a number of factors that might support a finding that a «browsewrap» contract (i.e. one that did not depend on any active assent to its terms, but that operated by mere use of the web site) would be enforceable.

It is established law that the measure of damages payable pursuant to a cross undertaking is contractual in nature; the contract in question being a fictional agreement between the applicant and respondent that the applicant would not prevent the respondent from doing that which it is restrained from doing by the terms of the orders.

The concern arising from this decision does not only apply to contracts which are governed by Ontario law, but to any contract which is the subject of judicial interpretation in Ontario.

Implementation of the scheme will be contracted out to a third - party provider; the law society says it does not have the expertise to structure and run such a program, an odd admission by the regulatory body charged with deciding the qualifications needed for admission to the bar.

To gain experience, consider approaching companies in your target industry with an offer to do routine project or contract legal work at a lower cost than the rates charged by their regular law firms.

The report concluded that, by providing another way for a person to make a valid promise that wouldn't be void for lack of consideration, other than by sealing the document, British Columbia could do «grave injury to the modern law of contract.»

The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract.

As highlighted by Abony Holmes in The Shark, Obama's major complaint about law school is how it contracts one's perspective, rather than broadening it as an educational experience ought to do.

... when they implement the possibility provided for in Article 51 of Directive 2004/18 [whereby the contracting authority may invite economic operators to supplement or clarify the certificates and documents submitted to it], the Member States must ensure that they do not jeopardise the attainment of the objectives pursued by that directive or undermine the effectiveness of its provisions and other relevant provisions and principles of EU law, particularly the principles of equal treatment and non-discrimination, transparency and proportionality...

In the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases added).

In this case (and furthering an unsuccessful strategy to challenge adverse award decisions that, however, has made a fundamental contribution to the development of the case law in this area), Evropaïki Dynamiki challenged the debriefing received from the European Commission both on the grounds that it was 8 days late (although both the GC and the CJEU dismiss this procedural deffect easily on the basis that the delay did not however restrict the undertaking's opportunity of asserting its rights and could not, by itself, lead to the annulment of the contested decisions) and that it was insufficient — ie that the Commission had not provided sufficient reasons to justify the award of the contract to another bidder.

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

He then referred to articles by Dr F.A. Mann (whose own expertise and reputation in the area were considerable) and Dr E.J. Cohn and pointed out that, from the 19th Century, civil law countries had accepted that a waiver of sovereign immunity by a contract was effective, that the speeches in Duff were obiter and did not constitute a majority and that both Duff and Kahan overlooked the fact that submission in the face of the court was not the only form of valid submission since the introduction of a new Rule in the RSC in 1920 that the English court had jurisdiction to entertain an action where there was a contractual submission.

Mr. Justice Denny Thomas of the Alberta Court of Queen's Bench did not merely accept the arguments of the Alberta Union of Provincial Employees when he slapped an injunction on the Government of Alberta yesterday, indefinitely suspending a law that could have forced 22,000 civil servants to live with a contract imposed on them by legislative fiat.