Not exact matches
The company is removing
language found in some of its employees»
contracts that barred them from filing suit over workplace sexual harassment claims.
What usually happened was the other party figured this out and began to unwind the
contract or comply only with the letter of the
contract, seeking every loophole in the
language they could
find.
In a study I undertook in 1989, I
found that 12 percent of the elementary and middle school magnet programs in my sample specialized in basic skills and / or individualized teaching; 11 percent offered foreign
language immersion; 11 percent were science -, math -, or computer - oriented; 10 percent catered to the gifted and talented and 10 percent to the creative and performing arts; 8 percent were traditional, back - to - basics programs (demanding, for instance, dress codes and
contracts with parents for supervision of homework); 7 percent were college preparatory; 7 percent were early childhood and Montessori.
For example, the survey
found that 58 percent of those districts have
contract language establishing reverse - seniority layoffs for tenured teachers, compared to only 34 percent of wealthier districts.
The Court disagreed,
finding that the
language of the section, and the fact that it appears in the Insurance Act, along with the record as
found in Hansard, suggested that the persons whose rights of subrogation were removed by the legislation were those who make a payment to an insured under a
contract of insurance.
The Court
found that the interpretation of insurance
contracts involves a unique blend of the general principles of interpretation applicable to all
contracts and the unique principles applicable in the insurance setting.22 While courts have
found that the «
language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have
found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.
Recently I
found myself in a heated argument with an obnoxious attorney over just such
contract risk
language.
Noting that such «wide - ranging consideration» may be permitted by a subject clause in some cases, the Court
found that such consideration was not permitted by the more narrow
language of the lawyer's approval condition in this case, which expressly limited the solicitor's approval condition to the «terms and conditions of the
contract.»
«Although employees may be dismissed without cause,»em ployment
contracts for an indefinite period require the employer, absent express contractual
language to the contrary, to give reasonable notice of an intention to terminate the
contract if the dismissal is without cause» Reasonable notice allows employees a reasonable period of time to
find replacement work.
After reading about smart
contracts I really did want to develop some of them by myself, and did
find a really good article regarding this subject here: https://vironit.com/how-to- build-smart-
contract-for-ethereum/ It does have pretty much all the info needed for smart
contract development on Solidity
language.
In reaching its decision the Court of Appeal set out the policy reasons that a court may rely upon to
find a constructive dismissal despite explicit
language in the employment
contract allowing the employer to unilaterally change the employee's terms of employment.
The Appellate Division
found that there were numerous material factual disputes between the parties when examining their allegations and the
language in the parties»
contract.
Here, the arbitrator did construe the
contract (focusing, per usual, on its
language), and did
find an agreement to permit class arbitration.
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.
That is because, under the particular
language of the
contract in which the arbitration clause is
found, the claim may be «discovered» before or at the very time when the claim is made.
To determine if it's worth it, check the
language of your
contract to
find out when you can do it, how much more you'll pay in premiums, and if you'll need a medical exam to prove you're healthy.
The
language is
found on page 117 of the Manual, and is
found in the sample
contracts.
Wyoming's highest court has
found that including «as is»
language in a purchase
contract does not automatically protect the sellers from allegations of fraud during the sale.
The court
found that the plain
language of the Act gave the Buyer five days to cancel the purchase
contract following her receipt of the condominium documents from the Seller.
Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to the meaning of the disputed
language in a brokerage agreement, all ambiguity must be resolved against the broker who prepared it; brokerage agreement was, as a matter of law, ambiguous with respect to the issue of whether broker would earn commissions when tenant exercised an option to renew the lease and therefore broker is not entitled to commissions on rental payments during any renewal term of the lease; broker not entitled to restitution in quasi-
contract because there exists a valid and enforceable written
contract governing the particular subject matter in dispute; dissenting opinion
finds that the brokerage agreement is clear with respect to commissions earned and payable and that tenant was obligated to pay a commission to broker at the time the rental payment was due and owing to landlord, including during renewal terms of the lease.
Agents can
find more information and
contract language on Fannie Mae's Homepath website.