Sentences with phrase «factual determinations as»

Not exact matches

Appellate courts must be cautious, however, in finding that a trial judge erred in law in his or her determination of negligence, as it is often difficult to extricate the legal questions from the factual.

The Court felt a factual determination was necessary to resolve issues as to what is a normal workload in the industry, what was the record as to CTC's intent in using Torres, and ultimately whether Torres was «furnished» to meet «short - term workload conditions.»

[46] It is important to note that the determination as to whether public policy should intervene to render the exclusion clauses unenforceable should take place after the factual record is established, at which time the trial judge will be in a position to carefully examine whether there are public policy reasons to decline to enforce the liability exclusion clauses: Tercon, para. 119.

Ultimately, the Third Circuit held there was a material question as to whether the estate relied on the advice of counsel in not paying the tax due and remanded the case for that factual determination.

Granting Perry's appeal, Lady Justice Gloster held: «In my judgment, the judge was wholly wrong, both as a matter of principle and in the particular circumstances of this case, to have engaged in the kind of factual determination which he did as to whether, on the balance of probabilities, Mr Perry could have brought an «honest» services claim.

The trial court made the following factual determinations: the Subdivision had panoramic views; the Subdivision was a very quiet neighborhood; and the wind turbine would cause a negative impact on property values as well as the character of the neighborhood.