Based on
the explicit language of the agreement, the court ruled that it should have been clear to the Buyers that the Brokerage was not acting on their behalf in this transaction.
Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive
the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment
In 2016, the trial court ruled for the plaintiffs, holding that Directive 13 - 4 was «unreasonable» and that MassDOR's «denial of the applications based on that directive was unlawful», based on the unambiguous and
explicit language of the statute.
The Court found that the consumer card program was not misleading to customers at all, and instead, it was ample and fair because «
the explicit language of the application form and accompanying Release is appropriate and serves to counter any misinformation that the consumer may have gleaned from press coverage of the card program».
Prior to this morning, the first, Harris v. Arizona Independent Redistricting Commission, appeared unlikely to prove explosive, while the second, Evenwel v. Abbott, held the potential for fireworks — but only if the justices were willing to accept an especially audacious argument which seems to cut against
the explicit language of the Constitution.
Today we still speak of the cross only in
the explicit language of the Church and religion; perhaps some pious old Christians may still use the expression for the experience of their own life.
SEC Chair Mary Jo White said, «In my view, given
the explicit language of the JOBS act as well as the statutory deadline... the commission should act without any further delay.»
Not exact matches
And Google came under fire for an updated European user consent policy that has open - ended
language, which critics said violated a tenet
of European privacy rules that requires companies to ask for user consent in specific and
explicit ways.
In my everyday use
of language, neither I nor my hearer posit the meaning
of what I say in a very
explicit way.
Or, in more
explicit theological
language, the death
of God is the actualization
of the movement
of Spirit into flesh.
(It is because
of specific difficulty attached to learning how to use the moral expressions
of a
language that we find novels more helpful than
explicit ethical reflection in teaching us how to live morally.)
Such «non-judgemental» forms
of speech are tailored to a society wary
of explicit moral
language.
While classification freed directors to use
explicit language in marvelous films like Platoon and Something Wild and has allowed films like Out
of Africa and Children
of a Lesser God to explore the complex nature
of human sexuality, it has also given us a series
of slasher films — Friday the 13th, with its many parts; The Texas Chainsaw Massacre, parts one and two — and films like Brian DePalma's artistically significant but deplorably
explicit Body Double.
The only alternative to these two is the
explicit redefining
of words as we go — in effect, making up our own
language and providing a dictionary as we proceed.
’17 Such
language, quite appropriate to Metz's Kantian commitments, gave
explicit approval to that attitude
of domination toward nature which he now opposes as evil.
Zacharias said he had maintained a friendly online correspondence with the woman over a number
of months, and that he attempted to end the relationship when her
language became first romantic, then sexually
explicit, including what Zacharias called «unwanted, offensive, sexually
explicit language and photographs.»
His
explicit language and content may not be «safe for the whole family,» but with each song Chance gives listeners the image
of a man working his way toward God the best way he knows how.
And judging by the triumphalism - soaked
language and
explicit photos anti-trafficking organizations often use, that sense
of helplessness is partly a result
of flashy but erroneous marketing.
Next to, or in front
of, the
explicit reflected ontology
of philosophers, we may already assign to the natural subject an implicit ontology, as the implicit ontology is chiefly comprehensible in the natural
language; the ontology
of scientists takes an intermediate position, which scientists explain to the extent that they become aware
of the perception
of reality, which their concepts and models presuppose.
This power to exist, the «project towards the world that we are» (PP 405), constitutes my most immediate awareness
of myself as a «tacit cogito» which is brought to expression and
explicit awareness through
language.
The good news is that in their new Use
of Seal Guidelines (PDF), there is
explicit language regarding «scaling up»
of amounts
of certified ingredients.
It is not clear if she recognizes the sometimes substantial differences between oral and written prose or the fact that
explicit instruction in grammar and usage can have many benefits, not the least
of which is assisting the student in learning a foreign
language.
It may not be as
explicit as Hopkins - the prime minister is far more subtle and surreptitious in her
language but, make no mistake, this is the
language of genocide.
Watson stated: «These three documents outline a concerted strategy for members
of the AWL to infiltrate (or, to use the
language of the documents, «intervene») in the Labour Party» with the
explicit intention
of influencing the party to indoctrinate «more people
of revolutionary socialist ideas,» «advance and transform the wider labour movement» and to focus «on drawing in, organising, propagandising among, and recruiting among, the new people (especially the new young people) mobilised by the Corbyn surge.»
Investigating an increase in exclusions from primary schools, school inspectors unearthed high incidences
of children touching other children inappropriately and using sexually
explicit language as well as swearing, attacking staff and damaging property.
I found that every time I did a TV or radio interview my phone afterwards would be full
of the most
explicit personal criticism, using violent and insulting
language.
The
language in the bill, according to Democratic Sen. Liz Krueger
of Manhattan, will be stronger and more «
explicit» than previous iterations
of the legislation.
Members
of the Religious Coalition for Reproductive Choice held a news conference calling on the Senate to alter
language in the House bill that places
explicit restrictions on federal funding for abortion.
The problem was, how do you account for how a little kid, who has no prior knowledge
of how a particular
language works and who isn't going to get
explicit lessons about how to use which words in which circumstances, figures out what words mean and what sentences they can be used in?
Although the IPCC clearly warns
of the threat
of climate change, the text analysis showed that their report used more cautious, less
explicit language to present their claims.
You will develop a sound sense
of the site's use
of explicit language, acceptable length, style, etc..
Rated NC - 17 for a scene
of explicit sexuality.; Rated R for a strong sex scene, strong
language and sexual dialogue, and for a violent image.
Parents should know that this movie includes very
explicit sexual references and situations, sexual harassment, extensive nudity, sex toys and issues
of bondage and submission, very strong
language, peril including a gun and a helicopter crash, and spouse and child abuse.
That's a pretty
explicit representation
of what happens when you, um, are crafty with
languages.
To that end, Blanchett and Mara do not disappoint, saying more with body
language and facial expression in Nagy's negative space than any
explicit profession
of love could.
The movie also contains graphic depictions
of amputation and other
explicit violence along with frequent coarse
language.
It's also violent to point
of sadism,
explicit both visually and in terms
of language.
Parents should know that this film includes sexual references and an
explicit situation with some nudity, issues
of sexual orientation, some crude
language, alcohol, cigarettes, sexism, and homophobia.
Note: Though the film's main character is 13 years old, parents should be aware that much
of the film's score features hip - hop with extremely
explicit language,
language that is echoed at various passages in the dialogue.
Parents should know that this is a horror film with theme
of racism and exploitation, extended peril and violence including gun, choking, and bloody, graphic, and
explicit medical images and sounds, characters injured and killed, suicide, references to sad loss
of a parent, some strong
language including racist epithets, sexual references and a non-
explicit situation, and smoking.
Other practices include cooperative learning, extended dialogues to develop
language and thinking skills,
explicit teaching
of cognitive strategies, and the use
of technology to enhance instruction.
Gillim, a former teacher and education media professional, developed the character and series with an
explicit purpose to enrich young audiences» vocabulary, close the gap for those who don't grow up in
language - rich environments, instill a love
of language, and foster better reading comprehension.
So too has
language in ESRA that gives the director
explicit authority to prepare and publish research and evaluation reports «without the approval
of the Secretary or any other office
of the Department.»
The precise
language of the state constitution is not as important as the
explicit specification
of the state's responsibility for providing education.
«Think in terms
of uncovering the subject — that is, making the ways
of using
language and the ways
of thinking in the subject
explicit to your students,» writes Pauline Gibbons, the author
of three books in the field
of English
language education.
Similarly, all translation rights belong to the playwright or playwrights and any translation into
languages other than that or those
of the original play needs
explicit written permission from the playwright or playwrights to be done, except in the case
of ITI Philippines, as provided above.
The portion
of the report that deals directly with
language arts examines the degree to which teachers» reports on their instruction were consistent with
explicit or implicit curriculum recommendations set forth in curriculum frameworks and state assessments.
Listening comprehension refers to the understanding
of the implications and
explicit meanings
of words and sentences
of spoken
language.
One
of the biggest points
of difference is the
explicit language in Diegnan's bill that would prohibit student test scores from being a determining factor in a teacher's evaluation.
Dr. Kinsella details cross-curricular writing instruction imperatives for educators serving English learners and striving readers, including a focused yet accessible analytic rubric for each assignment, targeted lessons on
language and rhetorical devices for specific writing types,
explicit analysis
of an appropriate writing model, and brief, frequent doses
of interactive, teacher - meditated writing practice to build critical competencies for longer, independent assignments.