Not exact matches
Capacity is assessed by weighing a borrower's
earning ability and the likelihood of continuing income against the
amount of debt the borrower carries at the time the application for credit is made.
The call for tenders specifies the total
amount of
capacity required, the time lines for
capacity establishment, the fuel options as defined in the Government's power plant establishment plan, the type of plant (base load, load following, peaking
capacity), possible transmission constraints that have to be taken into account, and in certain cases a price cap, i.e. maximum average price that the new plant can be expected to
earn throughout its economic life.
The court will consider the age, health, station, occupation,
earning capacity,
amount and sources of income, estate, vocational skills and employability of each of the parents.
(a) every continuing periodic
amount payable by an insurer as an income replacement benefit, education disability benefit, caregiver benefit or loss of
earning capacity benefit in accordance with the Schedule shall be revised, effective the 1st day of January in every year after 1994, using the indexation percentage published under subsection 268.1 (1); and
(3) If persons other than protected defendants are liable for damages for income loss or loss of
earning capacity, the reduction required by subsection (1) shall first be applied to the damages for which the protected defendants and the other persons are jointly and severally liable under subclause 267.7 (1)(a)(i), and any excess shall be applied to the
amount for which the other persons are solely liable under subclause 267.7 (1)(a)(ii).
It is often the case that substantial dollar
amounts are available, including payment for things such as medical bills, costs of physical therapy and rehabilitation, lost wages, reductions in
earning capacity, physical pain, emotional suffering, and more.
The following is just a sample of some of the considerations to be taken into account: The severity of the physical and emotional injuries suffered; whether the injuries suffered are permanent; the
amount of the case related medical bills and past lost wages; whether and to what extent the injured party will require future medical care; whether and to what extent there will likely be future lost wages or future loss of
earning capacity; and whether there is any permanent disfiguring scarring; how quality of life and relations with loved ones has been impaired.
267.8 (1) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, the damages to which a plaintiff is entitled for income loss and loss of
earning capacity shall be reduced by the following
amounts:
Our goal is to secure the full
amount of money damages allowed by our justice system, including damages for past and future medical, surgical and hospital bills; lost wages and loss of
earning capacity; property damage; and past and future pain, suffering and loss of enjoyment of life.
Compensation awards generally include
amounts for all medical bills incurred as a result of the accident, as well as any loss in wages, decrease in
earning capacity, and even the pain and suffering experienced as a result of the accident.
Lost
earning capacity, which can be demonstrated by an economic expert who can establish the
amount of earnings that a person would have been able to collect in his or her lifetime if not for the incident.
The Court would eventually award $ 21,000.00 for past diminished
earning capacity, before reducing this
amount to account for social assistance benefits that the Plaintiff had already received.
[156] Taking into account negative as well as positive contingencies, in my view an appropriate damage award for loss of
earning capacity would be $ 100,000, and I award that
amount.
loss of future
earning capacity (i.e. the
amount of money a person will lose in the future as a result of his or her injury);
Some of the factors that are considered in determining the
amount of maintenance to be paid, as well as the duration for which it will be paid, include length of the marriage, the parties» incomes, age and health of parties, education,
earning capacity and tax consequences.
The earnings approach is typically used by the Court when a quantifiable, mathematical calculation is the easiest means to arrive at an
amount for diminished
earning capacity.
The Court chose to adopt the capital asset approach in determining an
amount to award for diminished
earning capacity, rather than the earnings approach, which is typically used when the future income loss is more easily measurable on a quantifiable basis.
Rather than attempting to determine an
amount for diminished
earning capacity by using the earnings approach, which is more suitable where the loss can be easily measured, the Court used the capital asset approach, as the Plaintiff had no history of full time employment, and had yet to fully establish herself in her field.
Rather than using the earnings approach for the purposes of determining an
amount to award the Plaintiff for diminished
earning capacity, the Court adopted the capital asset approach, as set out in Brown v. Golaiy.
ICBC»S lawyer argued that the Court should adopt the earnings approach when determining an
amount for diminished
earning capacity, whereas counsel for the Plaintiff argued that the capital asset approach was the proper method.
In Hospadales v. McCoy, the defendants appealed a judgment in a truck accident case that awarded the plaintiff damages in the
amount of $ 292,000 for past pain and suffering, past medical expenses, and past lost
earning capacity.
In consideration of what is under this provision, the employee expressly waives any claim against the Employer, in the event of termination of employment, all other
amounts whatsoever for damages, compensation in lieu of notice or in any other
capacity whatsoever by reason of termination of employment, except for wages, vacation pay and other benefits
earned and unpaid at the time of termination.
A monetary
amount designed to compensate the cost of future care of an incapacitated plaintiff and the loss of
earning capacity.
In determining the
amount and duration of maintenance the court shall consider: (A) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part; (B) the duration of the marriage and the age and health of both parties; (C) the present and future
earning capacity of both parties; (D) the ability of the party seeking maintenance to become self - supporting and, if applicable, the period of time and training necessary therefor; (E) reduced or lost lifetime
earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; (F) the presence of children of the marriage in the respective homes of the parties; (G) the tax consequences to each party; (H) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; (I) the wasteful dissipation of marital property by either spouse; (J) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and (K) any other factor which the court shall expressly find to be just and proper.
Generally, the trier of fact should not impute an
earning capacity that is greater than the
amount the party would
earn from one full - time position.
It is of utmost importance that the income -
earning capacity of the primary breadwinner be fully protected, if possible, through the purchase of the required
amount of life insurance.
The principle of time value of money states that the value of money available at the present time is worth more than the same
amount in the future due to its potential
earning capacity.
In South Carolina, the length of the marriage, the existence of any marital misconduct, the parties»
earning capacity, and the physical and mental health of both parties will be considered in determining the length, type and
amount of an order for alimony.
To determine the
amount and duration of alimony, the court will consider such factors as each spouse's
earning capacity, age and mental and physical health, the length of the marriage, the standard of living established during the marriage, marital misconduct, and any other relevant factors.
For post judgment spousal support and modification of spousal support, the Court does not use the disso master program per California law and uses the Family Law Code 4320 factors which include
earning capacity and income of each spouse, ability of spouse to pay support, need of a spouse for support, age and health of the spouses, any documented domestic violence and many other factors and the Judge has discretion in the
amount.
In calculating Father's child support obligation, the trial court doubled Mother's
earning capacity and gave Father credit for direct expenditures on behalf of the children, arriving at a child support award less than half of the Guideline
amount.
The court can also impose more subjective criteria such as the value of the services provided by each parent, the
amount of time the child spends with each parent, and the potential
earning capacity of each parent regardless of their employment status.
In determining the need, duration, and
amount of maintenance, the court considers the finances of each spouse, including income, debts, tax liability, investments, and property, the work experience and
earning capacity of each spouse, including education and training, the age and physical abilities of each spouse, the duration of the marriage, and the standard of living attained during the marriage.
Based on these numbers we can calculate the maximum loan
amount L (rent) that the investor can borrow based on the income
earning capacity of the property as follows: L (rent) = -LSB-(500 X 12) / 1.25] / 0.07 = # 68,571