Sentences with phrase «enforce a contract which»

At trial Dana Gas instead sought to rely on the more general principle that, as a matter of public policy, the English Courts will not enforce a contract which is entered into for a purpose which is unlawful under the law of a friendly state.

Not exact matches

States vary widely in how they enforce non-compete contracts and even the circumstances under which they do.

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.

These rules are incorporated in a «Directive» which, converted into legal obligations in the UK through Regulations, place particular duties and responsibilities on all public spending contracting authorities which the UK courts can enforce.

Or fifty years later, in Runyon v McClary (1976), the Court ruled that the racially - discriminatory admissions policy of a private school in Virginia violated federal laws that hearkened back to the Civil Rights Act of 1866, which «prohibits racial discrimination in the making and enforcing of private contracts.»

The main limitation is the covenant of good faith and fair dealing which applies to all contracts as a matter of law (not just insurance contracts, where the obligation of good faith and fair dealing is enforced and litigated in a different manner) and can not be waived.

The hosting companies have created their own private law by way of contract through their online «terms of service,» which they hope will be enforced in court.

There is no public policy to refuse to enforce an award based on a contract during the course of the performance of which there has been a failed attempt at fraud.»

(China and the UK are both parties to the New York Convention, which requires courts of contracting states to recognise and enforce arbitration awards made in other contracting states.)

Pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contracting states.

[54] Given the intention of parties to this type of insurance coverage, which is to compensate the insured person injured as a result of an incident involving an unidentified automobile, it seems unreasonable to enforce a term of the contract that demands physical contact between the insured motor vehicle and the unidentified... [more]

Otherwise, your lease is a contract which the courts will enforce, even though the landlord might wish that he could terminate the contract.

it would be an absurd result and contrary to public policy to enforce an arbitration agreement in an employment contract and thereby deny vulnerable non-unionized employees their rights and protections under the Employment Standards Act, 2000, which precludes employees contracting out of their rights under the Act.

[123] If the exclusion clause is held to be valid and applicable, the Court may undertake a third enquiry, namely whether the Court should nevertheless refuse to enforce the valid exclusion clause because of the existence of an overriding public policy, proof of which lies on the party seeking to avoid enforcement of the clause, that outweighs the very strong public interest in the enforcement of contracts.

Though «incremental» in nature the new principles are likely to have a profound effect in the coming years on the manner in which we negotiate, manage, and enforce contracts.

One of the main reasons given by Lord Clarke for not always enforcing the black letter terms of written employment contracts was taken from the decision of Elias J in the Employment Appeal Tribunal in Consistent Group: «The concern to which tribunals must be alive is that armies of lawyers will simply place substitution clauses, or clauses denying any obligation to accept or provide work in employment contracts, as a matter of form, even where such terms do not begin to reflect the real relationship.»

There is a rule, the parol evidence rule, which essentially says that unless there is a good reason to not do so, the contract as written is what is enforced.

They may prefer to do so as they will then have the reassurance that their settlements can be enforced easily without having to resort to a lengthy breach of contract proceeding in the court in which they seek to enforce the agreement.

Attorney obtained dismissal on preliminary objections for lack of personal jurisdiction over n out of state businessman with regard to a commercial transaction involving an in state resident who sought to enforce a contract clause which he claimed...

A bipartisan group of senators and representatives introduced late last year legislation called «Ending Forced Arbitration of Sexual Harassment Act,» which would prohibit courts from enforcing any portion of an employment contract that requires employees to submit sexual harassment claims to arbitration.

The Public Enterprises Law no. 6/2012 of 8 February restrains the arbitration agreement in contracts entered into by public enterprises, by setting out that «it is up to the judicial courts to undertake the trial of all disputes in which a public company is a party thereof, including measures to enforce civil liability for acts of...

Even if a contract is in the backdrop of a case, it is the gravamen of the action which is key — with borrowers» claim not being one to enforce the note or deed of trust.

(1) A Contracting State may declare that its courts will recognise and enforce judgments given by courts of other Contracting States designated in a choice of court agreement concluded by two or more parties that meets the requirements of Article 3, paragraph c), and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, a court or courts of one or more Contracting States (a non-exclusive choice of court agreement).

(3) A court in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a judgment from another Contracting State solely because the judgment has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.

Judicial settlements (transactions judiciaires) which a court of a Contracting State designated in an exclusive choice of court agreement has approved, or which have been concluded before that court in the course of proceedings, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.

More specifically, managing this M&A circumstance through an affiliate clause means there is no direct contractual relationship (known as «privity of contract») between the affiliate and the vendor, which in turn means that neither can enforce the contract terms against the other.

Benefits of such innovation include smart contracts which can help women to secure and enforce their rights.

Health oversight agency means an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, or a person or entity acting under a grant of authority from or contract with such public agency, including the employees or agents of such public agency or its contractors or persons or entities to whom it has granted authority, that is authorized by law to oversee the health care system (whether public or private) or government programs in which health information is necessary to determine eligibility or compliance, or to enforce civil rights laws for which health information is relevant.

[54] Given the intention of parties to this type of insurance coverage, which is to compensate the insured person injured as a result of an incident involving an unidentified automobile, it seems unreasonable to enforce a term of the contract that demands physical contact between the insured motor vehicle and the unidentified automobile, notwithstanding the existence of physical evidence corroborating the fact that the relevant incident occurred as a result of the insured's defensive driving action directed at avoiding physical contact with another vehicle.

Settlements reached using ODR are nothing more than transactions, i.e.: «contracts by which the parties prevent a future contestation, put an end to a lawsuit or settle difficulties arising in the execution of a judgment, by way of mutual concessions or reservations» (as defined in section 2631 of the Quebec Civil Code), and they are deferred to and enforced by the Courts on a regular basis.

One obvious candidate in this category is enabling machine - to - machine commerce, where contracts articulated using code and which can be «enforced» without relying on legal entities might be ideal.

Thirdly, FB failed to have adequate provisions in the contract between FB and Kogan (or failed to enforce those provisions) which would have prevented Kogan from using the data FB allowed him to access for any other purpose other than the one agreed between FB and Kogan, namely academic purposes.

The DAO has been touted as the first major implementation of a Decentralized Autonomous Organization, a financial organization underpinned by so - called «smart contracts,» written in computer code and enforced through a blockchain which controls investors» digital currency holdings.

In the last installment of this series, we talked about what «smart contracts» (or, perhaps more accurately, «self - enforcing contracts») are, and discussed in detail the two main mechanisms through which these contracts can have...

Plasma is a proposed framework for incentivized and enforced execution of smart contracts which is scalable to a significant amount of state updates per second (potentially billions) enabling the blockchain to be able to represent a significant amount of decentralized financial applications worldwide.

The merchant can stipulate conditions on the contract which will auto - enforce and auto - validate the terms of the contract once those conditions are met.

«Smart contracts can eliminate the biggest problem with typical contracts, which is the cost of enforcing them, for example, getting your counterparty to pay up on time.

As shown in the professional department supervisor cover letter sample, action verbs like managed, chaired, contracted, coordinated, delegated, analyzed, researched, enforced, developed, and inspected help to make your skills and experience stand out, which can help you look like a viable candidate in the eyes of the hiring manager.

This will cost you additional time and money in having to either revisit issues or address them for the first time after the divorce, or having to enforce an agreement contract which may or may not even be legally enforceable, based on how it was prepared and by whom.

Frustration: This is the condition by which a contract has been made, but before it can be enforced, events outside of the control of the parties destroys the property, so that it is not in the intended form written into the contract.

In the U.S., «if one of these families stop paying, you have legal support to enforce the contracts,» said Fernando Fiuza, managing director of TRX Residential, which is looking for wealthy Brazilian individual investors to help it almost double its $ 140 million portfolio in the U.S. «In Brazil it is the end of the world to evict someone.»