Sentences with phrase «enforceable as a matter of law»

So, yes, they are enforceable as a matter of law.

Not exact matches

The Ontario court's «only inquiry of the foreign court is whether it had a real and substantial connection to the subject matter of the action; once that is established, the analysis shifts to a consideration of whether the judgment is enforceable in Ontario as a matter of domestic law.»

In relation to the third issue, it was accepted by the claimant that he would have to satisfy two criteria before any breach of the Directive was directly enforceable against the MIB by the claimant: (i) that the Directive was capable of having direct effect in that the provision relied upon was «unconditional and sufficiently precise», the prescribed period for implementation had passed and the Directive had not been correctly implemented by the Member State; and (ii) that even if the Directive was capable of having direct effect, the MIB was an emanation of the state within the meaning of that concept as a matter of Community law.

That said, while there may be very real difficulties in establishing a legal basis (and even less an enforceable right) for continuing and / or future enjoyment of any right to reside (and / or work) in the UK (or at least to reside in the UK as a matter of right rather than discretion), international law and / or the European Convention on Human Rights (ECHR)(at the very least on the international plane and, in relation to the ECHR, at least as long as it remains part of English law) are almost certain to protect certain rights established in the past by virtue of the individual's presence in the UK.

Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to the meaning of the disputed language in a brokerage agreement, all ambiguity must be resolved against the broker who prepared it; brokerage agreement was, as a matter of law, ambiguous with respect to the issue of whether broker would earn commissions when tenant exercised an option to renew the lease and therefore broker is not entitled to commissions on rental payments during any renewal term of the lease; broker not entitled to restitution in quasi-contract because there exists a valid and enforceable written contract governing the particular subject matter in dispute; dissenting opinion finds that the brokerage agreement is clear with respect to commissions earned and payable and that tenant was obligated to pay a commission to broker at the time the rental payment was due and owing to landlord, including during renewal terms of the lease.

Parkway Group Ltd. v. Modell's Sporting Goods (254 A.D. 2d 338)- summary judgment dismissing broker's complaint affirmed; letter agreement between broker and owner providing for commission in the event that a certain sublease was entered into does not, as a matter of law, constitute an exclusive agency or exclusive right to negotiate with all other potential sublessors; broker not the procuring cause of the ultimate lease transaction; purported agreement was not enforceable as it provided for a commission «at a rate to be negotiated,» which amounts to an unenforceable agreement agree; broker also abandoned transaction.