Sentences with phrase «in general contract law»

Not exact matches

Smith added that the outcome may also turn on how the New York judge applies general contract law rules requiring parties to act in good faith.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

On this account, natural law is derivative from the right of nature, in the sense that the former consists in general precepts with which reason counsels the pursuit of self - preservation, and the social contract is based solely on those precepts.

In the aftermath of the General Strike, the then Conservative government sought revenge on the unions by changing the law through the Trade Disputes and Trade Unions Act 1927, such that trade union members must «contract - in» — that is, make the decision to pay into the fund rather than opt ouIn the aftermath of the General Strike, the then Conservative government sought revenge on the unions by changing the law through the Trade Disputes and Trade Unions Act 1927, such that trade union members must «contract - in» — that is, make the decision to pay into the fund rather than opt ouin» — that is, make the decision to pay into the fund rather than opt out.

Whether a law is good or bad is a political debate, which in the social contract is included in the general will.

My understanding is that justice in the social contract theory is included in the general will such that, in respect to the sovereign, law is fair.

In 2007, the General Assembly passed a law solidifying the board's powers to oversee and audit state procurement efforts as part of a clean - contracting law.

At 1:30 p.m., the Senate Standing Committee on Energy and Telecommunications will meet to discuss various amendments to public service and general business law - including an act in relation to requiring companies to allow victims of domestic violence to cancel contracts when there is a permanent order of protection in place.

Since the data protection laws outside the EU are in general less strict than in the EU, Apollo and Lionentry have signed standard contractual clauses adopted by the European Commission for the transfer of personal data to contracting processors in third countries, in order to ensure the protection of personal data at EU standards.

Luckily for Barth, and thanks in part to a $ 100,000 - a-year lobbying contract with one of Connecticut's most influential lobbying firms, Achievement First, Inc. (and its associated organizations ConnCAN and ConnAD) were able to convince the Connecticut General Assembly to pass a law in 2010 that exempted Connecticut's charter schools from Connecticut's mandatory teacher and administrator certification requirements.

In 2010, with the assistance of a $ 100,000 lobbying contract with one of Connecticut's most influential lobbying firms, Achievement First, Inc. was able to convince the Connecticut General Assembly to pass a law that exempted Connecticut's charter schools from Connecticut's mandatory certification requirements.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

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!

Universities have long term fixed liabilities, such as tenure track contracts and the salary of tenured faculty may grow at a rate faster than general inflation or tuition fees, especially in specialized areas such as business, law, medicine and engineering.

When the Deepwater Wind contract was approved by the state government in 2010, ratepayers on the mainland, the state's attorney general and the environmental group Conservation Law Foundation all sued, citing the high cost and alleged strong arm tactics employed to get the project approved.

We regularly advise clients in the areas of general municipal law, land use and development, zoning and condemnation, charter and ordinance drafting, environmental law, contract drafting and interpretation, employment matters, collective bargaining, tax appeals, compliance with open meeting and public record laws, risk management, and litigation.

He has over 20 years of extensive experience in general corporate commercial matters including specific expertise in information technology, intellectual property, real estate, telecommunications, commercial contracts and airline law.

With seasoned judgment accumulated over 35 years of both general and specialized experience in law and business, David's practice also includes transactions advice, document drafting, negotiation assistance in such areas as real estate and business asset purchase and sale transactions, bank lending, contract review and drafting, corporate and business entity formation and dissolution.

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.

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:

Since 1987, Mr. Fudala has devoted his practice exclusively to civil litigation, concentrating in personal injury, contracts and commercial litigation, insurance law, medical malpractice, civil rights, employment law, and complex and general civil litigation, in both the federal and state courts.

The general category in 101 is «cooperation», which covers «agreements», «decisions by associations of undertakings», and «concerted practices», and the category «agreement» in competition law is indeed broader than in contract law.

In general, breach of contract is a matter of objective fact and how that interacts with contract law.

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.

Russell authored the chapter, ADR for CEOs — What General Counsel Need to Know About Drafting ADR or Mediation Provisions in Contracts, for the book, ADR Law Insights — Top ADR Lawyers Share What They Knew Best (ExecSense, Inc. 2012).

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».

Furthermore, even when «civil contract» terminology is used in statute, it can not drive a wedge between the general and the ecclesiastical law of marriage: a union authorised by law must be recognised equally as a lawful union by the officers and tribunals of the national religion (Thompson v Dibdin [1912] AC 533) except to the extent that parliament limits parishioners» rights in order to protect individual clerical consciences.

Harrisonburg contract attorneys are knowledgeable in all areas of general contract law, including but not limited to contract fraud and breach of contract claims in Harrisonburg, Virginia.

The LAA has amended all current contracts in order to meet the requirements imposed by the General Data Protection Regulation (Regulation (EU) 2016/679) and the Law Enforcement Directive (Directive (EU) 2016/680), being implemented under Part 3 of the Data Protection bill.

Currently enforced in 16 African countries, OHADA law covers several aspects of business law, including general commercial law, corporate and economic interest groups (GIE) law, and various legal frameworks regulating such areas as accounting, security interest, bankruptcy, arbitration, and contracts of carriage by road.

Given private contract law and the general framework in the USA and California, I think they can require that customers pay bills by using two factor authentication as there are not any laws that explicitly forbid it.

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

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.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Mr. Shor brings a diverse legal and management experience in commercial litigation, contract negotiation and enforcement, general corporate law, corporate compliance and governance, corporate advocacy, telecommunications and employment.

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.»

«General counsel are hiring corporate counsel, patent attorneys and contract managers to take on more work in - house and reduce their spending on outside law firms,» said Charles Volkert, executive director of Robert Half Legal in an announcement on the survey results.

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 addedIn 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 addedin 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 addedin 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).

With respect to i), the Court applied the general rule of contract law is that a contract is made in the location where the offeror receives notification of the offeree's acceptance.

Some assume that this is covered by the general choice of law clause in the contract.

In Bhasin v Hrynew (2014 SCC 71), the Supreme Court of Canada charted a new course for Canadian common law contracts, stopping just short of holding in favour of a general duty of good faitIn Bhasin v Hrynew (2014 SCC 71), the Supreme Court of Canada charted a new course for Canadian common law contracts, stopping just short of holding in favour of a general duty of good faitin favour of a general duty of good faith.

The corrected view of the common law position prior to the English Act of 1978 is as expressed by Lord Collins and not as expressed by the Hong Kong Court and the Mighell rule does not reflect current English law, common law, civil law in general nor customary international law at the time of the Contract or now.

After completing judicial internships at the United States Court of Appeals for the Sixth Circuit and the Office of the Chief Justice at the Supreme Court of Ohio, Brett Sherman gained extensive experience in sophisticated securities litigation, labor law, employment litigation, contracts law, class actions, and ERISA, both in private practice and as a senior litigator, litigation manager, and employment advisory counsel in the General Counsel offices at investment banks Morgan Stanley and Merrill Lynch.

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.

[S] ince a contract of service is but an example of contracts in general, so that the general law of contract will be applicable, it follows that, if summary dismissal is claimed to be justifiable, the question must be whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service.

He has extensive experience representing municipal entities in constitutional, Section 1983, use of force, labor and employment, general liability, contract, medical malpractice, and education law matters.

In general as the majority notes (at para 57), the current law «requires that appellate courts accord a high degree of deference to a trial judge's particular interpretation of a contract.»

In Georgia, the general rule when faced with a choice of law problem is that the law of the place where the contract was made controls.