Sentences with phrase «held common law rule»

This case abolished the previously held common law rule that differentiated on the basis of why the visitor came onto the property.

Not exact matches

This discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special rules under the U.S. federal income tax laws, including, without limitation, certain former citizens or long - term residents of the United States, partnerships or other pass - through entities, real estate investment trusts, regulated investment companies, «controlled foreign corporations,» «passive foreign investment companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 % of our common stock and persons holding our common stock as part of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction strategy.

The Common Council's Laws and Rules Committee on Wednesday endorsed a resolution to hold a public hearing on the proposal at its next meeting on June 20.

The Kingston Common Council Laws and Rule Committee will be held on Wednesday, March 21st at 6:30 pm at Kingston City Hall (420 Broadway) Conference Room # 1, top floor of City Hall.

The all - too - common practice of holding a moving schoolwide assembly or community event about the devastating impact of bullying is not enough to prevent bullying, nor will things change by simply explaining or posting the rules, laws and policies.

Leading journalist and academic Ian Buruma asks: is the rule of law enough to hold societies together or do we need common values, ethics and norms?

Greene has not cited — and the Court has not found — a single statute, regulation, rule, or judicial opinion holding that a litigant has a right of access (under the First Amendment, the common law, or anything else) to communications between a judge and his or her law clerk, including draft opinions and orders.

The Court of Appeal held in the recent case of R v. Brown (Edward)[2016] 1 WLR 1141 that in addition to the fraud / iniquity exception, the normally absolute rule of privilege is capable of further qualification at common law.

The reasoning that EU law could not displace the common law rule of judicial immunity was held to be unsound, and the cases were remitted to the employment tribunal.

On appeal, the Court of Appeal upheld Justice Newbould's ruling and held that the common - law interest stops rule applies in CCAA proceedings.7

The one - bite rule dates back hundreds of years to the English common law, and it holds that a dog's owner is not legally responsible for the first time his or her dog attacks another person.

«The trial judge erred in law by holding that the common law defence of duress was not available to persons charged as parties to a murder,» says the appeal ruling in R. v. Aravena.

The judge held that the common law rules of contract had not been displaced.

Canada Ontario court rules that condo common areas subject to privacy rights, Canadian Press Canadian law firm Gowlings merging with U.K. firm Wragge Lawrence Graham to form Gowling WLG, Canadian Press Quebec government seeks ruling on constitutionality of creation of national securities regulator, Canadian Press United States Former MF Global Holdings Ltd. officials reach lawsuit settlement, Reuters Civil rights activists sue Chicago suburbs over gun - control issues, Reuters International Myanmar men accused of murder of British tourists on trial, Reuters Iraqi court sentences people to death over killing of hundreds of Shi'ite soldiers, Reuters

Promotional contests in Canada are largely governed by the federal Competition Act (statutory disclosure and misleading advertising rules), federal Criminal Code (provisions governing «illegal lotteries» that must be avoided), federal and provincial privacy legislation (relating to the collection of entrant personal information), the common law of contract (contests have been held to be contracts) and intellectual property laws (e.g., relating to the transfer of original artistic materials, for example in skill contests, or reproduction of 3rd party logos, trade - marks or other intellectual property not owned by a contest organizer).

No damages were awarded for this breach, however, because the judge held that according to the House of Lords ruling in Johnson v Unisys [2001] ICR 480, [2001] All ER (D) 274 (Mar) if the loss was caused by the dismissal, any claim was the sole prerogative of the law of unfair dismissal and not the common law.

Second, to add belt to braces, the judgment goes on to consider in some detail the decision of the court of Appeal in the leading case of Jones v Tower Boot Co [1997] 2 All ER 406, [1997] IRLR 168, which held that a purposive interpretation is to be given to the general vicarious liability provisions in the discrimination statutes in order to achieve their aim, even at the cost of going further than the normal common law rules; this was held to be equally applicable to the parallel provisions on agency.

Other significant decisions were those in Osborn v Parole Board [2013] UKSC 61, where the Court relied on common law procedural fairness (as well as on Art 5 (4) of the ECHR) when ruling that the Parole Board would often have to hold an oral hearing when prisoners apply for release on licence.

His Honour held that it would be contrary both to international standards and to fundamental values of the common law to entrench a discriminatory rule, which because of the supposed position on the scale of social organisation of the indigenous inhabitants of a settled colony, denied them a right to occupy their traditional lands.

The medical debt exception arises from the common law rule in New Jersey that a husband should be held liable to a third - party who furnishes «necessary» goods or services to his wife.