Sentences with phrase «factual context»

Different factual contexts might demand different responses from the commissioner.

The broader factual context for the decision is somewhat convoluted and involved multiple claims and parties.

Use various factual contexts as a way of triggering issues.

And, when it comes to understanding an agreement, look at the purpose and factual context behind an agreement to divine the meaning of the written words.

The exhibition explored in depth the relationship of radical politics to art, by providing visitors with factual context in the form of historical objects that brought home the social and historical realities the movement faced, interspersed with historic artwork that supported and reflected its circumstances and ideals, as well as contemporary pieces.

Because legal problems arise in particular factual contexts, reasoning about the meaning of a legal rule often requires more than the mechanical application of the general words in the text.3 Likewise, when an attorney reasons by analogy, she considers the precise nature of the particular legal problem and context and does not simply compare the surface details of her client's case with a precedent.4

It shows its preference for the more flexible common law «reasonable expectation of privacy» rule, which defines what (information) is and is not amenable to privacy protection based on what ought to be expected in a democratic society and in the full factual context.

In another landmark case, Rainy Sky SA v Kookmin Bank [2011] UKSC 50, [2012] 1 All ER 1137, the Supreme Court took the opportunity to make abundantly clear that the construction of a contract is a «unitary exercise» (rather than a series of discrete stages) in which regard is to be had to the contract as a whole by reference to the highly sensitive factual context.

In making determinations about materiality common sense must prevail in assessing the broader factual context or the «total mix».»

[ii] In some cases, ethics opinion use a set of hypothetical facts to ground the analysis while, in other cases, the opinion simply addresses how the regulator views the appropriate response to a question, absent any further factual context.

It is, it seems to me, impossible to construe that agreement in its true factual context as providing full compensation for the loss which is claimed against the hospital.

The dissenting judgment in J.A., which distinguishes Ewanchuk primarily based on its different factual context (at paras. 126 - 128), is not persuasive in its approach to the law of consent.

The majority decision of the House of Lords in Aneco [2002] PNLR 8 (in which Lord Sumption had appeared as counsel for the unsuccessful defendant) was confined to its own particular factual context and the legal analysis in the dissenting judgment of Lord Millett was preferred to that of the majority.

When one looks at them «in the factual context of the life of the human person,» one discovers their «fundamental dissimilarity in nature, structure, and dynamics.»

I kept a site «unhidden» even if their report might be negative toward AFC — if done within a factual context.

In part, the Crown explained that it decided to wait until the MOL's investigation was complete before proceeding with criminal negligence charges and argued that it acted expeditiously in the factual context of the case.

[56] Thus, «On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.»

Contrary to user6726, I don't think that groping in the factual context of the question can be reasonably interpreted as lacking an intent to molest under the statute.

More importantly, the observation of Lord Hoffmann in the ICS case that construction is «highly sensitive to the context of, and background to, the particular utterance» has seen some much needed development both in this and other jurisdictions of the importance of the factual context.

One key practical consequence of that was that no amount of over-lawyering in the contract, so that the parties could be said to have enshrined their agreement from which the court could not or should not depart, could ever properly shut out the factual context which the Supreme Court made clear is ubiquitously admissible when construing any amount of text.

A legal rule that seems relatively clear within the factual context of a particular precedent may not readily lend itself to application in a different factual context.

Citing Attorney General of Ontario v. $ 25,709.63, CV -06-0172 at para. 33, Mr. Bourgeois submitted there must be a factual context to determine the $ 104,877 USD were the proceeds of illegal activity.

The new approach to reasonableness has been labelled «legal unreasonableness» to emphasise the point made in Li, that what is reasonable in any case will depend on the statutory and factual context.

Similarly, in the subject decision, the Court of Appeal set out that when reviewing a decision for reasonableness, a court must consider «the reasons proffered and the substantive outcome in light of the legal and factual context in which the decision was rendered».

Ten years on that statement holds good in my view, but the jurisprudential basis for the more flexible approach, and its practical consequences in different legal and factual contexts, remain uncertain and open to debate (see de Smith op cit paras 11 - 086ff and the many authorities and academic texts there cited).

The factual context of this case exemplifies the «legally uncertain environment» in which qualified official immunity is appropriate.

As Justice Slatter of the Alberta Court of Appeal put it, «these signposts were never intended to be hard and fast categories, and the standard of review analysis remains sensitive to the statutory and factual context.»

[57] On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.

First, in the analysis of whether a franchisor is exempt from providing a franchise disclosure document in a renewal, the court needs evidence, and it must be conclusive, about the material differences between the original and then - current franchise agreements and their factual context.

The factual context is very important in these cases.

The Griffith University study will provide a factual context for the raising of issues and the setting of benchmarks at the forum.

Specifically, the court established that although the question of who has legal title remains a significant factor in determining ownership, the two concepts are not identical: whether someone has ownership must be determined in each case by looking at the factual context and the wording of the legislation.

The FCA found that, given its factual context, its decision in Canada Pipe did not intend to preclude abuse of dominance orders against persons who control a market «otherwise than as a competitor.»