Sentences with phrase «express language»

If at the beginning of the twentieth century, Modernity was characterized as being a phenomenon of western culture and Postmodernism was configured with concepts, such as, origins and identity, Altermodern expresses the language of global culture.

Mr. Tamblyn submitted that the legislature had the power to deprive persons of their civil rights without being heard, but could only do so with express language.

Absent express language providing for it, I can not conclude that the parties intended that an unlawful termination would trigger the end of the employee's option rights.

In the Bremer case the House of Lords held that a notice provision should be construed as a condition precedent, and would be binding, if (i) it states the precise time within which the notice is to be served, and (ii) it makes plain by express language that unless the notice is served within that time, the party making the claim will lose its right under the clause.

In various decisions, such clauses were found to be unenforceable because of ambiguity or due to a lack of express language providing that the minimum statutory terms apply (with respect to notice periods, continuation of benefits, etc.).

The inclusion of express language regarding entitlement to fees on fees, as well as those costs not definitively addressed by the Uniform Guidelines, will provide clear guidance to the court, which will likely give deference to the parties intent, thereby resulting in both a comprehensive and enforceable contract provision.

In public regulation of this sort there is no such thing as absolute and untrammelled «discretion», that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute.

But the work stands as a temporal framing of the artist's journey, a frozen moment in time re-contextualised as «art» — at first reading — without any narrative text, the work expresses language to be found in Abstract Expressionism, or even Andy Warhol's oxidation paintings — where in fact they could be read as documents.

If lawyers actually have an obligation to «promote equality, diversity and inclusion» generally, proponents for that proposition should be able to readily identify express language binding on members identifying such an obligation.

The employee appealed an earlier decision rendering the termination clause as enforceable and submitted that: (i) his rights to common law notice were retained due to the clause's failure to include express language excluding common law entitlements, and (ii) the clause was void pursuant to the Employment Standards Act, 2000 («ESA») due to it purporting to contract out of the employee's statutory entitlement to severance pay by the lack of any reference to the entitlement.

Why the word «termination» refers to a lawful termination while the phrase «ceases to be an employee» can be interpreted as referring to an unlawful termination without addition express language is difficult to reconcile.

In the absence of any specific contractual language (there was express language in the agreements at issue in Bertico), the court found the franchisor had an implicit duty, as a result of a duty of good faith and loyalty towards its franchisees, to provide them with technical support and co-operation in a manner that would ensure that the underlying considerations of the franchise agreement remained relevant.

In and through these encounters with God, artists discover the symbolic modes of discourse — whether poetry, music, pottery, architecture, or otherwise — to express the language of creation as they peer through the East Cokers of this world and find that «in my end is my beginning.»

Help them express their language skills, coordination and embrace their inner Gary Barlow / Beyonce with this Billy Beats Dancing Piano from Mega Bloks.

In a two - page guidance letter to public schools, the White House said the existing guidance did not «contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal public process.»

In linguistics, there is a lot of variation that we see in the expressed languages throughout the world.

Whereas, the mid-frequencies are very focusing, as opposed to the low frequencies being grounded, and they are more related to our communication with one another, our ability to receive and express language, both orally and through written communication.

Children naturally inhabit fantasy worlds, and stories are a natural way for them to express language and emotion.

«So things like understanding and expressing language, being able to sit next to their friends without hurting them, following rules, and even recognizing a few letters and numbers.»

The artist's oeuvre, which deals with both abstraction and representation, is based upon the history of the two central pillars of 20th - century American art: one being abstract and minimal painting and sculpture, the other being the use of imagery to express language, communication and humour.

Nor is there any express language suggesting an obligation to «encourage public respect for human rights and improving their administration» — in fact the words «human rights» don't appear at all in that rule or commentary either.

So, their interpretation is not consistent with the express language in the Rules or the Code.

«It is also contrary to the express language of Section 145, which does not overcome the presumption of the American rule that each party pays its own fees.»

For the Court, it would be an exceptional order to deny the successful party its costs — against the express language of Rule 23 of the Court of Appeal Act.

Absent express language to the contrary in the lease or renewal documentation, personal rights and covenants that benefit the tenant under a lease cease to exist when a right to renew is exercised.

As summarized by Peter Joy: «ethics opinions respond to questions from practicing lawyers and apply the ethical rules to situations not anticipated by the express language of the rules.»

Having reviewed the underlying facts of the case, the Court went on to analyze the express language of the insurance policy, attempting to discern whether the lower court had correctly determined that the the worker's contract was indefinite and therefore not temporary, which was its basis for ruling that there was no coverage for the accident.

The object of the amendment is to establish in express language and upon a firm basis the general principle of English and American jurisprudence that no one shall be compelled to give testimony which may expose him to prosecution for crime.

Even if there is express language that gives the government a certain right, the government can not exercise that right unreasonably or in a way that interferes with the contractor's performance.

He dismissed the trial judge's finding of ambiguity owing to the lack of «express language» addressing whether «negligent failure to prevent physical abuse or molestation» was a covered ground under the exclusion clause.

In fact, it is a testament to their ability to find, use, and express language.

If there is a written bonus plan in place, whether there is any express language in the plan which has the effect of ousting the employee's common law entitlement.

Parliament is not necessarily wholly incapable, as a matter of domestic constitutional law, of overriding EU law (e.g. through the use of express language: Thoburn v Sunderland City Council [2002] EWHC 195 (Admin)-RRB-, but taking such a step is far from straightforward given the liability implications of doing so at an EU level.

Does such an interpretive principle comport with Virginia caselaw mandating that statutory interpretation focus upon a statute's express language, neither adding to nor subtracting from it?

Without an indictment there can not be a valid trial and, on the express language of the Administration of Justice (Miscellaneous Provisions) Act 1933, s 2 (1) the only step which changes a draft indictment into an indictment is the signing of it by the proper officer of the court.

Because the wash sale rule does not apply based on the express language of the statute, crypto investors can probably claim capital losses from coins they sold and repurchased within 30 days.

He provides several case studies in which couples began to regain their trust through new communication, and instructs on the kind of feelings - expressing language that can help.