While the court agreed that it is possible the Purchaser could claim that the Seller was estopped from claiming title defects which would have prevented the closing when it had misrepresented the status of the title in the purchase agreement, the court ruled that the bankruptcy court had failed to make sufficient
findings of fact in support of this ruling and so reversed the equitable estoppel ruling, sending the case back to the trial court for further proceedings.
Because of
the findings of fact in the Croker Island case there would be no possibility of recognising an exclusive native title right to a fishery in that case.
It seems to me that what is contained in the hearsay evidence is entirely consistent with
my findings of fact in the live evidence.
He accepted the housing association's live evidence rather than the appellant's live evidence and he found the hearsay evidence entirely consistent with (his)
findings of fact in the live evidence.
Having made
findings of fact in relation to the possession claim, the judge did not make the same findings in relation to the application to commit, holding that the evidence did not satisfy the criminal burden of proof.
That kind of argument can be successful only if it challenges the General Court's
findings of fact in paragraph 170 of the judgment under appeal, to the effect that «[t] he «last interested person» in the transparent and open tendering procedure in this case was candidate 4.
[131] After reviewing the foregoing cases and taking
my findings of fact in this case into account, I find that that an award of $ 40,000 for non-pecuniary damages is appropriate.
In his dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas expressed doubt that «Congress intended administrative preclusion to apply to TTAB
findings of fact in a subsequent trademark infringement suit,» based on the history of administrative preclusion and both the express language and «several features» of the Lanham Act, including that the Act confers limited authority on the TTAB and provides for judicial review of the Board's decisions.
The only
findings of fact in Smith relevant to any acceptance of repudiation are at para 45: «Mr Smith had... begun working in his new role but, upon receipt of the appeal decision, he wrote... reserving his position.
In doing so, he said he felt comfortable falling in line with one judicial line of thought that says judges can make
findings of fact in order to grant summary judgment.
Bay's archives (March 17) also contain the judge's
finding of fact in the e-mail debacle: This ugly brief.
This includes the judge's
finding of fact in such proceedings without application to the court.
This is because it was not possible because the key
finding of fact in the case was a finding of the Crown Court, which only the High Court could overturn.
At one stage, consideration was given to conceding the appeal, but as a matter of law this was not possible because the key
finding of fact in the case was a finding of the Crown Court, which only the High Court could overturn.
Not exact matches
The two - page, follow - up letter said that,
in fact, only «a small number»
of the thousands
of emails
found on the laptop had been forwarded there while most had simply been backed up from electronic devices.
In fact, researchers have
found that when people think they are more physically attractive, they believe that they belong to a higher social class, regardless
of how good looking they really are or their actual social status.
In fact, a November 2017 report from CareerArc
of 1,162 respondents
found that female job - seekers surveyed were 33 percent less likely than male job - seekers to apply to a one - star rated company.
In fact, the researchers
found, the average age
of a successful startup founder is about 42.
In fact, a recent Nielson study
found that 70 percent
of global consumers trust online reviews, up 15 percent within a four - year period.
The trouble for all leaders who engage
in this particular type
of fact -
finding comes
in deciding what to do with all that firsthand feedback.
«He did make mention
of the
fact that he thought I had
found a calling
in television, which is high praise from someone who
found a calling
in television,» Gaetz told Business Insider
of Trump.
In fact, we
found that the military could generate all
of its electricity from distributed renewable sources by 2025 using these types
of microgrids - which would provide energy reliability and decrease costs.
Couple that with the
fact that there are most likely several Chamber
of Commerce organizations
in your area alone, you are bound to
find a Chamber where your business fits right
in.
Even apart from the
fact that they don't know what they're talking about because they don't know what's out there, the bigger issues are that: (a) almost all
of these reports come back with a variety
of related
findings that may be precisely on point; and (b) the very age
of the prior research may be invaluable if the new questions and inquiries have to do with trend lines, changes
in attitudes or different behaviors.
Finding those with knowledge
of the
facts and issues surrounding child trafficking and coupling them with people who have a fiery passion for ending the injustice has allowed Love146 to grow their presence
in both the US and the UK.
«They said, «Apart from the
fact that improper reproduction
of the DNA molecule causes genetic disease and deformities, we haven't understood anything else,»» says Mitra, who published his
findings in the British Journal
of Educational Technology last year.
It's hard to
find a good accountant»» so hard,
in fact, that it has become something
of a running joke
in the small business world.
In fact, half of the Fortune 500 companies listed in 2009 were founded during such times, according to the Ewing Marion Kauffman Foundatio
In fact, half
of the Fortune 500 companies listed
in 2009 were founded during such times, according to the Ewing Marion Kauffman Foundatio
in 2009 were
founded during such times, according to the Ewing Marion Kauffman Foundation.
In fact, lots
of businesses are
finding that traditional marketing strategies are no longer as effective as they once were.
In fact, a 2013 study from the University
of Toronto
found that deciding what you're going to do with your time away from your desk was perhaps the most important component
of a proper lunch break.
In fact, a recent survey found that 86.5 million Americans — 42 percent of the adult population — had used at least one on - demand service, and some 45 million Americans, roughly 22 percent of the adult population, had reported having worked in the growing on - demand econom
In fact, a recent survey
found that 86.5 million Americans — 42 percent
of the adult population — had used at least one on - demand service, and some 45 million Americans, roughly 22 percent
of the adult population, had reported having worked
in the growing on - demand econom
in the growing on - demand economy.
In 2005, under very similar circumstances, Sears Canada was found guilty of being too liberal in advertising discounts on car tires and was assessed fines and legal costs of nearly $ 500,000; in fact, the recent court filings about the mattress business specifically mention the old tire cas
In 2005, under very similar circumstances, Sears Canada was
found guilty
of being too liberal
in advertising discounts on car tires and was assessed fines and legal costs of nearly $ 500,000; in fact, the recent court filings about the mattress business specifically mention the old tire cas
in advertising discounts on car tires and was assessed fines and legal costs
of nearly $ 500,000;
in fact, the recent court filings about the mattress business specifically mention the old tire cas
in fact, the recent court filings about the mattress business specifically mention the old tire case.
In fact, the researchers found that for certain groups of people — such as those who started out with a certain minimum amount of vitamin D already in their blood — adding more vitamin D was actually tied with a slightly greater risk of hip fracture
In fact, the researchers
found that for certain groups
of people — such as those who started out with a certain minimum amount
of vitamin D already
in their blood — adding more vitamin D was actually tied with a slightly greater risk of hip fracture
in their blood — adding more vitamin D was actually tied with a slightly greater risk
of hip fractures.
In fact, a Harris poll
found that 69 percent
of consumers actually do the opposite — they conduct research online before buying an item at a local store.
When neuroscientist Sukhvinder Obhi «put the heads
of the powerful and the not - so - powerful under a transcranial - magnetic - stimulation machine, he
found that power,
in fact, impairs a specific neural process, «mirroring,» that may be a cornerstone
of empathy,» writes Jerry Useem
in the Atlantic, explaining head - line grabbing recent research.
In fact, a study by professors at the University
of Missouri
found that playing upbeat music can significantly raise your mood.
The company,
founded in 2009, has developed a large clientele
of academic research institutions, space agencies, mining firms and defence departments for its signature yellow - and - black products, thanks
in part to the
fact that Clearpath robots don't need someone holding a remote control to operate them.
In fact, the classic «marshmallow study,» led by psychologist Walter Mischel in the 1960s, found that kids who were able to delay the delicious gratification of eating a marshmallow wound up more successful as adult
In fact, the classic «marshmallow study,» led by psychologist Walter Mischel
in the 1960s, found that kids who were able to delay the delicious gratification of eating a marshmallow wound up more successful as adult
in the 1960s,
found that kids who were able to delay the delicious gratification
of eating a marshmallow wound up more successful as adults.
In fact, if you see someone taking a big whiff
of a newly popped cork, you might feel a little embarrassed for them - as was the case recently when a waiter at a fancy restaurant made a big show
of sniffing my cork for me like it was a newly
found truffle!
In fact, one needn't look far from the 2016 presidential election to
find some superlative counter-examples on both sides
of the aisle.
In fact, studies have found that there's an increased risk of salmonella in caged egg productio
In fact, studies have
found that there's an increased risk
of salmonella
in caged egg productio
in caged egg production.
The
finding suggests that the brains
of gifted people may,
in fact, be different — although which came first, the rare ability or the unusual brain structure, remains a chicken - or - egg inquiry.
Take heart
in the
fact that you've saved yourself a lot
of pain before investing resources
in a bad idea and get on with
finding opportunities where the numbers will work better for you.
In fact, studies
find that homeowners are no happier than renters and have higher levels
of stress, largely due to the financial burden and greater time constraints.
A new University
of Washington study that
found that the hourly wage hike could
in fact be costing jobs.
In fact, a recent study in the American Journal of Public Health finds that the EPA «has moved away from the public interest and explicitly favored the interests of the regulated industries,» and is on the slippery slope to what scholars term «regulatory capture,» in which a government agency makes rules in the interest of an industry it's supposed to regulate rather than the publi
In fact, a recent study
in the American Journal of Public Health finds that the EPA «has moved away from the public interest and explicitly favored the interests of the regulated industries,» and is on the slippery slope to what scholars term «regulatory capture,» in which a government agency makes rules in the interest of an industry it's supposed to regulate rather than the publi
in the American Journal
of Public Health
finds that the EPA «has moved away from the public interest and explicitly favored the interests
of the regulated industries,» and is on the slippery slope to what scholars term «regulatory capture,»
in which a government agency makes rules in the interest of an industry it's supposed to regulate rather than the publi
in which a government agency makes rules
in the interest of an industry it's supposed to regulate rather than the publi
in the interest
of an industry it's supposed to regulate rather than the public.
A former curator
of what's now the Royal Alberta Museum, Currie also helped
found the Royal Tyrrell Museum
in Drumheller, Alta.;
in fact, the latter museum was launched
in part because Currie was digging up more dinosaur bones than the Royal Alberta could store.
In fact, when given a choice between paying someone with cash or with an app, the survey
found 47 percent
of respondents would choose the digital option.
A new study by researchers from Uppsala University
in Sweden and the London School
of Economics
finds the effects
of roboticization
in fact countervail much
of the negative media sentiment.
So much so,
in fact, that a study by Zendesk
found that 92 %
of customers feel satisfied after communicating with a brand over this channel.