Sentences with phrase «equitable claims such»
This seminar, given by Dov Ohrenstein, addresed the issues concerning Limitation Periods including continuing duties, date of loss, date of knowledge, and the relevance of limitation periods to equitable claims such as for specific performance.
http://www.radcliffechambers.com/ Not exact matches
«Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage».
-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.
Therefore, equitable claims were subject solely to equitable principles such as laches and acquiescence.
As far as I know the small claims court has only limited equitable jurisdiction and so such claims would need to be brought in a superior court.
In the absence of a denial of justice, are there other treaty standards, such as judicial expropriation, breach of the minimum standard of treatment requirement or the fair and equitable treatment requirement, or a failure to provide effective means of asserting claims, available to a foreign investor for asserting claims arising out of a judicial act (or omission)?
Claims in divorce create the right, but not obligation, to request money or property such as equitable distribution of marital property, alimony, spousal support, or legal fees.
But under an equitable doctrine such as Unjust Enrichment, Constructive or Resulting Trust (discussed below), the other spouse could claim an interest to such property.
Instead, the claim flowed from equitable principles entitling a guarantor to be subrogated to the claims of its payee, and as such, the selling shareholder's claim was one founded only in debt and nothing more.
Equitable concepts such as proprietary estoppel sit more comfortably within the realm of domestic situations and for a claim of an equitable nature to succeed in a commercial context there would need to be very specific, exceptional and noteworthy circumstances to warrant such a decision.
The foregoing provisions of this Section 13 will not apply to any legal action taken by Gigaom to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, your User Submissions and / or Gigaom's intellectual property rights (including such Gigaom may claim that may be in dispute), Gigaom's operations, and / or Gigaom's products or services.
Since you only have an option and not an installment contract with an equitable interest, you won't have any tax benefit, unless no one else is claiming such benefits, like depreciation.