Sentences with phrase «even by agreement of the parties»

Courts do not surrender their jurisdiction to resolve controversies, even by agreement of the parties, unless it can be demonstrated on an ongoing basis that the tribunals to function in their stead are capable of providing an equivalent or superior «fairness,» or, as it is more technically described in the law, «due process.»

Not exact matches

The party isn't going to be able to get around the agreement by hiring outside firms, and even agreed it would not return to court to try to modify this deal or reconstitute some form of DFS for the next three election cycles — basically, a decade.

Now that all political parties per their discussions with the select committee on legal and constitutional matter are all in agreement for November 7,2016 and every first Monday of November in subsequent election years even though political parties like National Democratic Party (NDP) are suggesting this amendment to take effect in 2020, we see no reason why there is a slow pace of operations in the release of manifestos by the various political parties.

With its mention of the ocean and the pursuit to reduce global warming to well below 2, even 1.5 degrees Celsius above pre-industrial temperatures, the agreement adopted by all 196 parties of the United Nations Framework Convention on Climate Change (UNFCCC) in Paris on December 12, 2015, is appreciated by scientists present at the negotiations.

Since only a small minority of all cases in which someone wields a patent against someone else end up in court (most of the time, an agreement is negotiated), the harm suffered by third parties may even outweigh the issues patent holders have to deal with.

The core element of this kind of ADR is the mediator, a neutral third party chosen by both parties in a mutual agreement or even selected in advance.

That is not to say that even in the case of «by object» restrictions the economic and legal context in which the agreement was concluded by the parties can be ignored; quite the reverse, as the context is significant and market share will be one relevant factor for example even in «by object» cases.

-- The prenup is not in writing: For a prenuptial agreement to be valid, it must be a written document, witnessed by outside parties — At least one party provided false information: The inclusion of untruthful information or even incomplete information will render a prenuptial agreement invalid — Pressure, duress or coercion: If one party forces the other to sign a prenuptial agreement, regardless of whom the document most benefits, it will be invalid — The prenup was not read: If one or the other spouse does not read the prenuptial agreement, it is possible the document could be challenged — Improper execution: To be valid, the agreement must be read and signed by both parties before the marriage occurs — Gross unfairness: While a prenuptial agreement gives the couple a great deal of flexibility in how they establish financial rights, the court may decide not to enforce the prenup if it is grossly unfair to one of the parties

Terms can be made by express or implied oral agreement and even through the conduct of the parties.

Furthermore, the Court of Appeal determined that, even if the Application Judge was in error with respect to whether there had been reductions in space rented by the Appellant, such an error was ``... not one which would have affected the result» since both the evidence and conduct of the parties suggested ``... whenever a change to the Lease was sought the parties negotiated the terms and entered into a written agreement».

each party acknowledged, by the written terms of their agreement, that each is responsible for damage to their own property, even if the damage was caused by the other's negligence;

«What we're seeing is even the application of contract law is trending toward greater room for implication of terms and trying to do justice by the parties regardless of what the strict terms of the agreement say.»

Mr Pratap learned senior counsel placed reliance on the Judgment of Supreme Court in case of Bhatia International (supra) and in particular paragraphs 26 and 32 and submits that even according to the said judgment, in case of international commercial arbitration held out of India, provisions of Part - I would apply unless the parties by agreement expressly or impliedly excludes any or all of its provisions.

The SRA goes too far by threatening disciplinary action against practitioners who propose non-disclosure agreements, perhaps on express instructions, which attempt to preclude a party from reporting a potential complaint or allegation, groundless or not, even when both complainant and defendant are keen to close the book on private and unsavoury details of the past and move on.

It goes on to say it was struck by «the remarkable lengths» to which Uber has gone to try to compel agreement with its own definition of its company and the legal relationships between the various parties involved — describing it as «resorting in its documentations to fictions, twisted language and even brand new terminology» to try to advance its arguments.

Consent forms can not be signed until 90 days after service of the divorce complaint, and even if both parties sign consents the divorce will not be final until all assets and debts are divided either by agreement or by the court.

[57] However, the NNTT has stated in respect of s 86F that the parties «should not assume that alternative or even related agreement - making will be accepted by the Court as legitimate reason for delaying resolution of the claim» [58]

The parties shall agree each year by May 31st as to which weeks of holidays they will be taking and failing agreement, the applicant shall have first choice in 2011 and odd numbered years thereafter, and the respondent shall have first choice in 2012 and even numbered years thereafter;

Even this kind of agreement needs to be thought through and carefully crafted to be sure that the agreement does not become undone by remarriage without both parties» knowledge and approval.

«Undoubtedly, the non-lawyer will view the decision as authority for the proposition you can sell your home by email, even though the parties had not signed a formal agreement of purchase and sale.

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

Cushman & Wakefield v. Northeastern Industrial Park (246 A.D. 2d 303)-- owner is liable for brokerage commission stipulated in commission agreement notwithstanding that it is not a party to either the renewal lease procured by broker or the prior lease, where owner identified itself in the commission agreement as the landlord of the premises, and, throughout the lease negotiations and continuing even after broker first demanded its commission, consistently held itself out as one in the same as the company identified in the lease as the landlord; commission agreement clearly requires payment of the full term commission at the commencement of the lease should the lease, as it does, require the tenant, should elect to cancel, to reimburse the landlord for the portion of the commission attributable to the cancelled term.