Sentences with phrase «enforce the contract terms»

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.

Not exact matches

For instance, Ethereum, an altcoin, has the ability to execute smart contracts — a computer program that is engineered to enforce all the terms of a pre-programmed contract automatically.

John Locke, a principal Enlightenment force behind the theory of a social contract, advocated the right of citizens» resistance to enforce the terms of the contract.

If the Code is «prescribed», the ACCC would have powers to enforce the code, including the power to seek injunctions, corrective advertising, section 155 investigation notices, public warning notices, orders varying contract terms and random audit powers.

These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa

They are there to enforce the legally binding terms of the contract you signed when you borrowed the money.

(8) A contract entered into pursuant to subsection (1) shall include a statement that if the terms of the contract are breached because a person adopting a dog, cat, or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the greater of $ 100.00 or actual reasonable costs incurred by the animal control shelter or animal protection shelter to enforce the contract.

You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in eqterms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in eqTerms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in eqTerms, in addition to any other available remedies under contract, at law or in equity.

Buyer shall be liable for any court costs and related charges including attorney's fees associated with Seller enforcing the terms of this contract.

I / We attest that the Terms and Conditions of Adoption as stated in the Adoption Contract have been read in full by me / us and I / we understand that this is part of the adoption process and will be enforced.

Each client who earns and / or redeems points and / or receives rewards consents to, and authorizes RBC Bank, any of their respective subsidiaries and affiliates, and any non-affiliated third parties with whom any of the foregoing contract in order to manage and administer the Program, to share information about the client and the card account (including the Program component) as necessary or appropriate to effect, administer, enforce, service, or fulfill the terms of the Program.

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that Act.

What is the general legal precedent for the term «Terms of Service» and does the contractual form where a service is used in and of itself to enforce a contract have special legal meaning?

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.

The Divisional Court therefore overturned the trial judge, finding that there was an error in failing to enforce the clear terms of the employment contract that the plaintiff had signed that made reference to a probationary period of 6 months.

[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]

[38] In my view, the Deputy Judge erred in law in failing to enforce the clear terms of the employment contract that the Plaintiff had signed that made reference to a probationary period of 6 months.

The Court further confirmed that the courts must enforce the terms of freely negotiated employment contracts when the language and meaning is clear.

It would be quite inadequate protection to consumers if a court on a general challenge, having found a term as used in current contracts to be unfair, had no power to prevent the supplier or seller from continuing to enforce that term in current contracts.

Consider consulting with a lawyer if you need help enforcing the terms of your contract, or understanding what they mean if you are uncertain.

If you or another employee wish to dispute or enforce a terms of an employment contract it is important to tell the employer and take steps to enforce your rights under the employment contract.

In conclusion, a clause in an employment contract that purports to allow the employer to unilaterally change the terms of employment is more likely to be enforced by the court if it is limited in its scope.

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.»

In addition to laying out the terms of employment in an Employment Contract, employers should also consider outlining your expectations in an Employee Handbook, documenting and enforcing your company's disciplinary policy, as well as maintaining proper records of disciplinary actions taken in the employee's HR file.

Even if the employee signs the contract, the terms may not be able to be legally enforced by the employer at a later date.

Smart contract is a term used to describe computer program code that is capable of facilitating, executing, and enforcing the negotiation or performance of an agreement (i.e. contract) using blockchain technology.

It is a mistake to assume that just because an employment contract sets out an employer's entitlement or an employee's obligation that a court will enforce the term of the contract.

It is often too late for an employer to amend a poorly drafted employment contract after it has been accepted by the employee because a court will refuse to enforce the amended contract unless the employee with new consideration such as a bonus or promotion when he or she accepted the revised contractual terms.

The court is unlikely to enforce the terms of the new employment contract unless the employer has followed the procedure set out by the Ontario Court of Appeal.

Employers should have their existing employment contracts reviewed by experienced counsel to ensure that the terms of the contract will actually be enforced by a court.

The terms of an employment contract that are signed after the employee starts his or her employment may not be enforced for want of consideration.

«[I] n determining whether to enforce the terms of a contract of adhesion, courts have looked not only to the take - it - or - leave - it nature or the standardized form of the document but also to -LSB-(1)-RSB- the subject matter of the contract, -LSB-(2)-RSB- the parties» relative bargaining positions, -LSB-(3)-RSB- the degree of economic compulsion motivating the «adhering» party, and -LSB-(4)-RSB- the public interests affected by the contract.»

Generally, contract terms and conditions must be legible, especially when one is trying to enforce the contract.

Rob McCreath, employment partner at Archon Solicitors, says: «The case illustrates the key point that unions can not enforce collective agreements with employers through the courts, unless the collectively agreed terms have become part of individual contracts of employment.»

[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.

However, since it is considered as a legal contract between two parties — the insurance provider and you — the need to be precise in terms and agreements are needed, hence that style of writing is being enforced.

SMART CONTRACTS: Software that runs on blockchain technology and can automatically enforce the terms of an agreement.

With a distributed ledger, data is controlled by a committee of participants following and enforcing a constitution of technical rules, rather than by a single participant who makes commitments via a Terms - of - Service legal contract.

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.

All content licensing terms are enforced by smart contracts.

All custom licensing terms are enforced by smart contracts; these contract details, as well as ownership rights and other descriptors, are hashed and cryptographically registered on the Bitcoin blockchain.

To put it in layman terms, smart contracts are automated contracts that enforce and facilitate the terms of the contract itself, and they are basically how things get done in the Ethereum eco-system.

Stepping back for a minute, a «smart contract» is a term that refers to a snippet of code that enforces rules on its own, without leaning on an intermediary to interpret the rules and settle disputes when they arise.

The KFTC is also looking over standard terms and conditions guidelines, and these are enforced via the Regulation of Standardized Contracts Act (RSCA).

This webinar will cover how to establish a business relationships with parents, the key terms to include in a contract and policies, how to enforce your contract, how to turn down a family and terminate a contract, how to use The Three Choices of Life to -LSB-...] Full Description

If one of you breaks its terms, you must file a breach of contract suit in civil court, as family court has no jurisdiction to enforce.

If you don't merge your settlement agreement with your judgment, and if your spouse doesn't abide by the terms of your agreement, you would have to enforce it in civil court as a legally biding contract.

Courts have enforced oral contracts when the terms are undisputed.

These latest two stories deal with a couple of clients who had money «stolen from them» (my interpretation of events because both complainants had to pay two selling commissions each) by their registrants / brokerages because the courts were forced to enforce the written terms of those contracts.

The Managing Brokers must be subjected to stringent testing to see who really understands Agency Law and who doesn't; they also need to be reviewed to see if those who do comprehend Agency Law have been enforcing it within their brokerage, in terms of reviewing contracts.