Sentences with phrase «enforceable as contracts»

If they enter into a separation agreement, sometimes called a property settlement agreement in Michigan, its terms are enforceable as a contract.

Not exact matches

Also, more controversial provisions — such as requirements to execute enforceable written contracts under the Best Interest Contract and Principal Transactions Exemption, and changes to PTE 84 - 24 (other than the addition of the Impartial Conduct Standards)-- are not applicable until January 1, 2018, while the Department is honoring the President's directive to take a hard look at any potential undue burdens and decides whether to make significant revisions.

Even private contracts are enforceable only to the extent allowed by laws; e.g. if I decide to gift my sons (or even myself) as slaves to my Church or Corporation then the state can void the contract and even prosecute me, and the Church or Corporation have no standing against me.

A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement.

The contract is likely not enforceable as written, given that the contract manifests fraudulent intent, and is a contract of adhesion with a gross disparity in the positions of the parties.

Its enforceable and legally binding obligations, along with future commitments related to all contracts that it is likely to continue, regardless of the fact that they are «cancelable as of December 31, 2008,» excluding those captured in the financial statements, are around $ 5.0 M through 2011.

Its enforceable and legally binding obligations, along with future commitments related to all contracts that it is likely to continue, regardless of the fact that they are «cancelable as of September 30, 2008,» excluding those captured in the financial statements, are around $ 5.5 M through 2011.

It noted that in family proceedings, unlike in ordinary civil proceedings, consent orders are binding and enforceable as a result of the court endorsing the agreement, rather than as a matter of contract.

However, as with most legal issues, this is not always clear cut and courts employ many legal doctrines when warranted to find that contracts are not enforceable.

As jimsug said, those Terms of Service do seem to prohibit downloading a video off youtube; the question is then whether or not they constitute a binding contract, and whether that provision is enforceable.

While having a good contract that is straightforward and enforceable goes a long way toward preventing litigation, having a good attorney who can actually help you enforce that contract when the time comes is just as important.

There was no dispute that a marriage contract that provides for a Maher is enforceable in Ontario, as the Ontario Court of Appeal has held that «[p] ersons can transfer their moral obligations into legal binding ones.»

Clickwraps (as litigated in Feldman v Google) were held to be legally enforcable means of a contract, if the contract is not judged to be unconscionable, and is judged to be enforceable.

Oral contracts are just as enforceable in many cases as written agreements.

FDI argued that the contract should be upheld as enforceable because by signing her employment agreement after the commencement of her job, Ms. Wood was merely fulfilling an administrative step that in no way altered the terms and conditions of her employment.

To expedite resolution of this matter, the Applicant sought to have the issue (whether an enforceable contract had been entered into as between the parties) determined by a Justice of the Court of Appeal — the Justice presently seized with the parties» appeal matter — on a summary basis.

Careful review of contractual provisions and review of the applicable law as to what are and are not legally enforceable provisions in contracts is crucial to effective legal representation.

In the common law contracting process the contracting parties need to expressly agree all the essential terms of the contract as there are relatively few terms implied into contracts, either by the common law or statute, and the circumstances in which the court will consider implying an essential term into a contract to render it complete and enforceable are very limited (usually requiring that the missing clause had been in the contemplation of the parties during the contracting process but inadvertently omitted when the contract was concluded).

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

To be enforceable, employment contracts must be clear and understandable, provide adequate consideration (e.g. something valuable such as salary and benefits) to the employee, and be signed before the employee's start date.

Whether a particular Hospital policy on employee vaccinations is enforceable will depend on the reasonableness of the policy, and the language in the applicable collective agreement or individual employment contract as the case may be.

The concept behind this issue is that in order to create an enforceable agreement, both contracting parties must give something up and receive some kind of benefit in return (referred to as «consideration»).

In addition to getting good legal advice as to whether the clauses in your employment contract, if any, are likely to be enforceable, it is also vital to gather compelling evidence urgently.

Although several provincial statutes, such as the Quebec Consumer Protection Act, were already restricting the enforceability of certain clauses in consumer contracts, businesses employing the B2C revenue model should now consider that certain clauses of their contracts with Canadian consumers might not be enforceable more specifically when privacy rights are at stake.

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.

An invoice such as this would not be enforceable since you have proof of ownership through the completion contract and associated documents.

Is an example where this works would be: - A contract has a severability clause «if limiting an unenforceable term would make it enforceable, the term shall be construed as so limited» - The contract has a term that charges $ 50 for some administrative fee - An applicable law exists that says $ 20 at most can be charged for administrative fees - The severability clause makes it so that $ 20 can be charged, without it the whole fee would be waived

While on the one hand this is yet another example of a termination clause being struck down by the courts as ambiguous, it is also a case employers should receive warmly, as it suggests they will not have to pay the balance of a fixed - term contract in every case where there is no enforceable termination clause.

But as this incident amply demonstrated, the reality is that smart contracts have proven to be neither smart nor, for that matter, enforceable agreements.

For example, using cryptocurrencies, such as bitcoin, people can transfer money without a bank or write enforceable contracts without a lawyer or notary.

Evaluated elements of contracts and breach of contract defenses such as enforceable and non-enforceable contracts.

In fact, as a binding contract, your agreement can remain enforceable even after you divorce.

The law sees your agreement as a contract, so all the rules outlined in that agreement are enforceable by law even before it has been submitted to the courts.

If the title issue can be cured, the contract is still enforceable, and the deal can proceed as planned.

First, exclusive buyer agency agreements are contracts that are enforceable in a court just as listing agreements are enforceable against sellers.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

Realty Investors of USA, Inc. v. Bhaidaswala (254 A.D. 2d 603)- order dismissing broker's complaint reversed; listing agreement entitling broker to a commission in the event that broker procures a purchaser on terms specified therein or any other terms acceptable to owner not dependent upon the execution of a legally enforceable sales contract, so long as the seller and buyer have come to a meeting of the minds on the essential terms of the transaction.

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.

Robison v. Sweeney (301 A.D. 2d 815)-- broker's right to a commission is not dependent upon the execution of a legally enforceable contract, so long as the seller and buyer have come to a meeting of the minds on the essential terms of the transaction; summary judgment for broker reversed where there are questions of fact as to whether there was a meeting of the minds between the buyer and the seller regarding the essential terms of the contract.

The «Statute of Frauds» in Ohio and most state requires that certain legal instruments of law such as deeds, real estate sales contracts, and leases of more than a year, to be in writing to be legally enforceable.