Sentences with phrase «general contract principles»

Instead, said the court, the dispute was governed by general contract principles.

The franchise lawyer needs to apply provincial franchise law (in Ontario, the Arthur Wishart Act (Franchise Disclosure), 2000), and general contract principles under Canadian common law.

Not exact matches

I feel embarrassed sometimes that my fellow Christians (if the Christian community is willing to accept me as a Christian... like that even matters) are so uneducated as to ignore the general principle of a social contract.

In addition, the court... [noted] that claims made by Lampack that the contract placed a fiduciary duty on Grimes» -LCB- are -RCB- unsupported by case law and the general principles of agency law that the obligations that a principal owes an agent are not fiduciary.»

It's a general principle in law that you can not contract for an illegal act: extreme example, if you hire someone to kill your wife, you can't sue for your money back if he misses!

1990) for an explanation that back dating violates no general contract law principles and is «determined by the intent of the parties as deduced from the instrument itself.»

So the general principle is this — when something occurs within a contract that wasn't explicitly discussed by the parties, courts will try to figure out what the parties likely would have agreed to had they discussed the specific issue (without changing the agreed terms of the contract).

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.

[3] The Court also noted that where the language of the policy is ambiguous, the court should resolve the ambiguity in accordance with general rules of contract construction, contra proferentem and the principle that coverage clauses should be construed broadly in favour of the insured and exclusion clauses narrowly against the insurer.

The SCC's decision is based in part on Quebec contract laws that don't apply elsewhere in Canada, but also on general legal principles that do:

He also successfully acted for cruise operator Costa Crociere, convincing a CIETAC panel to adopt general principles of international contract law instead of applying domestic or foreign law.

The general principle is that when one party writes a contract, and there is an ambiguity, the ambiguity is interpreted against the interest of the writer (contra proferentem).

While the statutory cap on compensation for unfair dismissal has crept upwards (it is now # 63,500) the rules governing the award of damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the general principles of contract law.

Applying general principles of contract interpretation the Court held that the exclusion is restricted to denying only those costs that would have been incurred to prevent the damage from happening.

Angela describes this development as a «revolution in publishing» that has created «the balkanization of the law», with counsel now tending to cite cases decided in the same subject area rather than to the cases that establish the general principles of contract law.

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

That would follow not only from general principles of public law, but also from the Regulations and no doubt also from an implied term to that effect in the Unified Contract or from the express term (cl 2.2) that the LSC would act as a «responsible public body».

(1) There is a general organizing principle of good faith that underlies many facets of contract law.

It is not a general principle of contract law establishing requirements which must be met in each case.

Contracts: Honest Performance Bhasin v. Hrynew, 2014 SCC 71 (35380) Nov. 13, 2014 «A summary of the principles... (1) There is a general organizing principle of good faith that underlies many... [more]

The court also referred to a unanimous judgment from the Supreme Court of Canada (SCC), in which the SCC recognized a general organizing principle of good faith contractual performance — i.e., that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.

As the International Court of Justice stated in the Nicaragua case, Article 1 of the four Geneva Conventions, whereby the contracting parties «undertake to respect and ensure respect» for the Conventions «in all circumstances», has become a «general principle -LSB-...] of humanitarian law to which the Conventions merely give specific expression.»

In the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases added).

The general principles of contract law apply to employment contracts, but their application has been modified by the courts in recognition of the special nature of employment relationships, which can change over time.

As noted above, the Howard decision departs from the long established general contractual principle that the innocent victim of an unlawful early termination of a fixed term contract still has an obligation to mitigate damages.

In the Court's view, the general principle of compensation (i.e. that damages for breach of contract should put the plaintiff in the economic position that he or she would have been in had the defendant performed the contract) was not a full answer to the issue.

For example, the general organizing principle of good faith would likely have different implications in the context of a long - term contract of mutual cooperation than it would in a more transactional exchange.

A general legal principle is that a contract can't create a breach of statute law.

Perhaps the most common mistake or misconception for both employers and employees is to believe that employment contracts are either completely different to other types of contracts or to believe that the same principles apply in all respects with employment contract law as general contract law.

At trial Dana Gas instead sought to rely on the more general principle that, as a matter of public policy, the English Courts will not enforce a contract which is entered into for a purpose which is unlawful under the law of a friendly state.

Contracts: Honest Performance Bhasin v. Hrynew, 2014 SCC 71 (35380) Nov. 13, 2014 «A summary of the principles... (1) There is a general organizing principle of good faith that underlies many facets of contract law.

Richard also talks about how you can get your contracts in shape for the General Data Protection Regulation (GDPR)-- the wording, the principles, the practice — and the obligations upon data processors.

The tribunal referred to Ontario (Human Rights Commission) v. Etobicoke (Borough), [1982] 1 S.C.R. 202, where the court first stated the principle that while any person can, in general, contract to waive the benefits conferred on him by statute, Parliament may impose statutory conditions in such terms that they can not be waived by agreement.

On behalf of a unanimous court, Justice Cromwell stated three elements to the new state of contract law in siding with the plaintiff's claim for damages: (1) There is a general organizing principle of good faith that underlies many... Read More

«the general principle that «fraud unravels all» is no less applicable to court orders than to contracts»; and

In reaching its decision the court applied the general principle that it must seek to identify «the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.»

In that decision, the Supreme Court of Canada established two fundamental principles for the Canadian common law of contract: First, that the parties are under a general obligation to perform contracts in good faith; and -LSB-...]

The trial judge correctly applied the principles applicable to the interpretation of contracts in general and to oral contracts in particular.

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Familiarity with budgeting processes, contract administration, general accounting principles

I have been in multi unit operations in Call centers, warehousing, distribution and as co principle for a general contracting business.