Sentences with phrase «expectations of both parties»

The reasonable expectations of the parties and the surrounding circumstances must be considered to resolve the ambiguity.

The legitimate expectations of the parties do not support personal liability.

This same judicial expectation of the parties must be embedded within the stage 1 process.

The short answer is that it depends on the reasonable expectations of the parties.

This, the court found, would reflect the legitimate expectations of the parties.

[62] Viewed contextually and with the reasonable expectations of the parties in mind, what was the common intent behind the use of the word «income» to qualify the word «benefit»?

Ledcor claimed the damages against its insurance policy, but was declined on the basis of a clause excluding coverage for «the cost of making good faulty workmanship, construction materials or design...» Alberta's Court of Queen's Bench ruled that reasonable expectations of the parties weighed in favour of the applicants» interpretation of the insurance contract, but was overruled on appeal.

For anyone who has experienced the spine chilling moment when realisation dawns that you will be carrying the hopes and expectations of the party of Disraeli, Churchill and Thatcher into the next general election for your constituency, becoming a parliamentary candidate is a truly humbling moment.

The Panel noted that the origin of Article 2011 of the FTA was to be found in GATT Article XXIII: 1 and that Article 2011 explicitly linked nullification and impairment with the reasonable expectations of the parties under the FTA.

Instead, we look to the legislature to draft statutes which would override and clarify expectations of the parties.

The court commented that, in the context of a family business, the reasonable expectations of the parties as to how that, enterprise is to be conducted must be viewed and measured against the backdrop of the entire relationship between the parties.

In order for the court to exercise its discretion, under s 49 (2) of the Law of Property Act 1925, to order repayment of a deposit, there has to be something special or exceptional to justify overriding the ordinary contractual expectations of the parties that the seller could retain the deposit if the buyer defaulted.

See Co ‑ operators Life Insurance Co. v. Gibbens, 2009 SCC 59 at para [57]: «Such law office metaphysics would make nonsense of the reasonable expectation of the parties at the time the policy was entered into.»

In many instances however, couples find difficulty in achieving this goal and need a level of unbiased mediation that will represent the fears, anxieties, hopes, and expectations of both parties in an equitable, non-combative manner.

Justice Abella also asked Mr. Finkelstein about reasonable expectations of the parties.

Artistic collaborations with brands succeed because if executed properly, they can surpass the expectations of both parties.

In a brief address, the 72 - year old raised the expectation of party foot soldiers.

The terminology reflects the expectations of the parties - the buyer hopes or expects that the stock price is going to increase, while the seller hopes or expects that it will decrease.

We have to measure the expectations of all parties, and ask how that affects the system as a whole.

Openly discuss who will make the student's payments during school, and the expectations of both parties.

addresses the selection of the right dog from a source, the expectations of both parties (the family and the dog), the care an adopted dog may require, and the special training and behavior needs of rescue dogs.

in that regard, the contract of insurance should be interpreted to promote the reasonable expectations of the parties and a reasonable commercial result; and,

Canadian courts considering unjust enrichment will also look at commercial realities and the expectation of parties when considering detrimental reliance in the absence of contract.

The agreement also outlines the expectations of each party and how the divorce process will proceed.

The answer was that it depended... on the expectations of the parties.

Also, there were different approaches of the parties with respect to risk sharing and there was a big gap between the expectations of the parties, nevertheless we managed to bridge this gap by using certain products which are fairly new to the Turkish market.

The court emphasized that a fairly negotiated agreement that represents the intentions and expectations of the parties, and that complies substantially with the objectives of the Divorce Act as a whole, should receive considerable weight.

The remedy matched the reasonable expectations of the parties — Don could use the cottage for his lifetime, regulate its use and even bar Westley.

The judge held that the employment judge had erred in concentrating on the expectations of the parties.

These include the complexity of the issues, the number of parties involved in the litigation and the expectations of both parties.

Make sure you include in your BPO contract the expectation of the parties around ongoing innovation and make sure that you manage the contract to achieve those expectations.

Grammatical games of the kind played by the CRTC make the enforcement of agreements to achieve results consonant with the expectations of the parties subject to a dangerous degree of randomness with consequent largely unmanageable risks for the solicitors involved.

We think our [Parent - Teen Driving Agreement - Point to Agreement] is an important part of continuing their driving knowledge and the expectations of both parties when it comes to their use of a motor vehicle.

The agreement also outlines the expectations of each party and how the divorce process will proceed.

In this situation, it is important to communicate clearly with each other the expectations of each party.

The brokerage filed a lawsuit against the owner, alleging that the expectation of the parties had been that the agreements would continue until 2046 and that the owner had acted in bad faith by replacing the existing lease with a new agreement between it and the subtenant.

Ultimately, they are in the field of helping the expectations of both parties come to fruition in the smoothest possible manner.Remember, the buyer wants to begin using the property as soon as possible, and the lender wants all regulations met, receive his or her economic interest, and maintain a good relationship with the buyer throughout the process.