Sentences with phrase «factual matrix of»

Insofar as the task narrowly is to determine the meaning of the words in the contract the matter may be a question of law... but where the factual matrix of the contract is questioned, determining that matrix and its significance is a question of fact.

The EAT confirmed that a tribunal must assess the whole factual matrix of each case and, importantly, further acknowledged that any assessment of the time for which Uber would be required to pay the national minimum wage would be dependent on the specific facts of each case.

While the unique factual matrix of the case, both substantively and procedurally, makes it difficult to extract further ratios, the inquisitive will benefit from reading the full decision in Surujdeo v. Melady.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix of the contract.

Not exact matches

Using this particular matrix, McQuaid's team quickly scans both the factual attributes (population, on the y - axis) and emotional attributes (accompanied by introspection, on the x-axis) of 16 potential customer segments for the health - and - wellness tool.

Each student selects a legal issue, hypothetical or otherwise, to research, and then finalizes the formulation of the issue and any factual matrix in consultation with me.

In addition, although the factual matrix is less relevant for standard form contracts, factors such as the purpose of the contract and the industry in which it operates should nevertheless be considered.

The Court of Appeal declined to reverse the trial judge's decision, holding that contra proferentem was inapplicable where ambiguity can be resolved with reference to the objective factual matrix, and further, that Talius's reliance on the subjective understanding of its representative did not assist in interpreting the contract:

The definition of terms such as «extreme» is also difficult to define particular depending upon the applicable factual matrix.

The factual matrix in this case consisted of the rule 49 context in which the parties were operating, and the timing of the offer and its acceptance in their litigation.

While not every complaint or investigation warrants retention of an external investigator, those circumstances are arising much more frequently and may include scenarios where serious allegations are made; a complex factual matrix is alleged; or even where the employer wishes to ensure a degree of independence from the investigation is maintained.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix.

In addition, the Court of Appeal found no reason to interfere with Justice Newbould's decision on the basis that he misapplied the law on the application of evidence dealing with the factual matrix or the surrounding circumstances of the MRDA.

Interpreting the language of the contract in the context of the factual matrix is a question of mixed fact and law.

Since the majority frames the issue as a dispute over the interpretation of a contract, and the factual matrix surrounding the making of the settlement contract was not materially in dispute, it is possible to conclude the record before the Chambers Judge was not deficient:

This does not offend the parol evidence rule because the goal of considering the factual matrix is (at para 81) «to deepen the trial judge's understanding of the mutual and objective intentions of the parties as expressed in the words of the contract.»

To determine what is just and reasonable in the context of a particular factual matrix, the court must determine what the reasonable expectations of the claimant were and whether the conduct of the corporation (or the directors of the corporation) violated those reasonable expectations by conduct that was oppressive, or unfairly prejudicial, or which disregarded the interests of the complainant.

Further, the relevant factual matrix spanned several jurisdictions raising issues of the applicable law and the appropriate forum (country) for the dispute to be heard.

In other words, contracts are to be interpreted in the context of the factual matrix under which they arise.

At all times, a court should strive for a holistic view of the matter and decide each case on the basis of its particular factual matrix.

Where, like here, the matter involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.

Overall, it is unclear if this precedent on interlocutory injunctions will be limited to its unique factual matrix or liberally applied in future cases not only within Canada, but also what the status of this Canadian precedent will be internationally in light of the recent US decision.

Citing McCamus, The Law of Contracts, (Toronto: Irwin Law Inc., 2005) at 711, the Court of Appeal was careful to point out that an investigation as to evidence of the surrounding circumstances or the surrounding factual matrix is not dependent on a finding the agreement is itself ambiguous.

Although Lloyds» proposal did not form part of the final insurance documents, the court found that it was a relevant part of the factual matrix which, when viewed objectively, showed that the parties intended the Lloyds Policy to include claims covered by the Great American Notice.

Both involve questions of weight and balance, which fall to be assessed in the context of particular factual and legal matrices that create broader or narrower ranges of possible outcomes, depending on the circumstances.

The court held that an appeal from a trial judge's interpretation of a standard form contract, that has precedential value and does not require engagement with any meaningful factual matrix, is a question of law that should be reviewed for correctness.

The legal approach of contractual interpretation is to look at what the parties intended, given the factual matrix; the legal test for implying a term is whether such an implied term is necessary to give business efficacy to the contract.

An exhaustive review of the relevant statutory language and factual matrices follows.

Lord Clarke stressed that nothing in the judgment was intended to underplay the importance of the Rule or to encourage the admission of evidence of pre-contractual negotiations beyond that which is admissible in order to explain the factual matrix or surrounding circumstances.

The matter involved a complex factual matrix, and McCarthy's litigation team needed to put together seven affidavits from a collection of more than 15,000 documents.

However, the appellate court further determined there was insufficient evidence before it to determine the «factual matrix» necessary to interpret the ambiguous wording of an exclusionary endorsement.

Without recourse to the without prejudice materials the court held that the agreement could not be properly construed in accordance with the well recognised principles identified in Investors Compensations Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 and Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] AC 1101: principally, that objective facts which emerge during negotiations are admissible as part of the factual matrix in order to assist courts to interpret an agreement in accordance with the parties» true intentions.

In these exceptional cases, the challenge of establishing what forms part of the factual matrix and is therefore admissible as an aid to interpretation may lead to the examination of the settlement negotiation process by parties hoping to find «admissions of facts» to assist their interpretation arguments.

The judge relied on the fact that this was a case which involved questions of construction of an agreement against a factual matrix where there was controversy about the facts.

Stewart Title urged that the application judge erred, in turn, by: (i) failing to give effect to the clear meaning of the exception, and in finding ambiguity by looking at the word «paid» in isolation; (ii) «giving no weight to the factual matrix surrounding how the Policy language operates in practice and in its commercial context» when resolving the ambiguity; and (iii) resorting to contra proferentem reasoning before exhausting other methods of contract construction.

In my view, an application for an order that expert witnesses be deposed before trial rather than testifying by a video conference at trial is clearly an order of the type that may be made at a case planning or trial management conference, if the factual matrix necessary for making such an order can be established.

It constitutes part of the factual matrix or background against which the legislation in issue in this appeal should now be considered and interpreted.