Sentences with phrase «in standard form contracts»

In an effort to avoid the flood of consumer and employee class actions in the United States, businesses have increasingly turned to arbitration and class action waiver clauses in their standard form contracts.

Such limitation periods tend to be fairly prevalent in standard form contracts including insurance policies and retainer agreements used by some professional firms (ie: large accounting firms).

Most service providers charge a fee for payments that bounce due to non-sufficient funds and disclose this fee and the amount charged in standard form contracts.

It is worth noting that binding arbitration clauses in standard form contracts (like between websites and their many users) are not legal in many jurisdictions (e.g. Australia) but are legal in others (e.g. USA).

The terms in the standard form contracts between bank and customer providing for the relevant charges were referred to as «relevant terms».

«In a standard form contract, for purposes of insuring, consistency of interpretation obviously is a key factor, for the benefit of both insurers and insured.

In its recent decision in Sabean v. Portage La Prairie Mutual Insurance Co., the Supreme Court of Canada has held that words in a standard form contract used by the public should be given their plain and ordinary meaning, and not a different meaning that those words might be given by the industry or trade -LSB-...]

Not exact matches

To maintain the value of the deposit relative to fiat currency RxEAL in cooperation with Maker Dao will offer users to store their deposits inside a smart contract in the form of ERC20 standard compliant Dai Stablecoin.

Citing the unauthorized modifications to the standard form, along with the submission's failure to «reflect the expected value of facilities or personal services to be provided» to the foundation by the campus, the comptroller's office rejected the contract in December.

In large organisations, procurement or legal departments can help with contract definition and the potential provider may well have standard contracts to form a basis for discussion.

In order to fully access the core curriculum and post-secondary educational opportunities in the dominant U.S. culture, Standard English Learners need to be proficient in Standard American and Academic English (e.g., become literate in the forms of English that appear in newspapers, magazines, textbooks, voting materials, and consumer contractsIn order to fully access the core curriculum and post-secondary educational opportunities in the dominant U.S. culture, Standard English Learners need to be proficient in Standard American and Academic English (e.g., become literate in the forms of English that appear in newspapers, magazines, textbooks, voting materials, and consumer contractsin the dominant U.S. culture, Standard English Learners need to be proficient in Standard American and Academic English (e.g., become literate in the forms of English that appear in newspapers, magazines, textbooks, voting materials, and consumer contractsin Standard American and Academic English (e.g., become literate in the forms of English that appear in newspapers, magazines, textbooks, voting materials, and consumer contractsin the forms of English that appear in newspapers, magazines, textbooks, voting materials, and consumer contractsin newspapers, magazines, textbooks, voting materials, and consumer contracts).

In addition to the standard W - 2 form, you may receive a 1099 - MISC for miscellaneous income garnered through freelance or contract work, and income that isn't reported at all, such as PayPal payments.

A. Every credit services business, before it enters into a contract with a consumer, shall file and maintain with the Commissioner, in form and substance satisfactory to him, a bond with corporate surety from a company authorized to transact business in the Commonwealth, or a letter of credit from a bank insured by the Federal Deposit Insurance Corporation in an amount equal to 100 times the standard fee charged by the credit services business but in no event shall the bond or letter of credit required under this section be less than $ 5,000 or greater than $ 50,000.

A term of a standard form book up contract will be unfair if there is a significant imbalance in the trader's and the consumer's rights, the term is not reasonably necessary and it would cause harm or loss to the consumer.

It's pretty shameful that these double standards are formed against anyone who's not on a contract or bringing in money to these corporate wankers.

We can then suggest the strategy which is most suitable, advise on the use of standard form contracts or help craft bespoke documents written in plain English which are tailored to your specific needs.

In addition, although the factual matrix is less relevant for standard form contracts, factors such as the purpose of the contract and the industry in which it operates should nevertheless be considereIn addition, although the factual matrix is less relevant for standard form contracts, factors such as the purpose of the contract and the industry in which it operates should nevertheless be considerein which it operates should nevertheless be considered.

Gilbertson Davis LLP has extensive experience in the resolution of disputes concerning contracts and agreements of diverse subject matter in a wide variety of businesses and industries, from single page contracts to complex licensing agreements, including standard form contracts common to the media industry.

Greg Tucker of Owen Bird in Vancouver, who represented the insurance companies, says although he is disappointed with how the court applied the faulty workmanship exclusion to his client's situation, he agrees with the top court's creation of an exception to Sattva for standard form contracts.

Most standard form contracts provide for a series of notices to be given (to enable the party in default to remedy breaches) before a termination can become effective.

And you have that, in the form of a standard sales contract (assuming you didn't steal the book).

I have been arguing for years that all of these standard form contracts that are being forced upon us in the 21st century — are about as far from being «offer + acceptance + consideration» as one can get!

I have chosen not to discuss language related issues at any length for, except in Government related procurement scenarios, the contracting and negotiation process can be conducted in English in Quebec based on forms of agreements consistent with industry standards.

One respondent said: «There seems to be more and more compliance / regulatory requirements and procurement groups are insisting on using their own form of a standard contract, which is often not appropriate for the services provided resulting in a much greater expenditure of legal time to address the issues.»

Most recently, in De Wolf v. Bell ExpressVu the court refused to extend the definition of «interest» to a $ 25 administrative fee on late accounts set out in Bell ExpressVu's standard form contract.

Some jurisdictions consider mandatory arbitration in standard - form consumer contracts to be unenforceable - providing the out may overcome this.

It expressly deals with common practical contractual issues such as battle of forms, conflict between standard and non-standard terms, substituted contract, when interest on damages will accrue and currency in which to assess damages.

Sasha has experience preparing and negotiating a range of both bespoke and standard form construction documentation, including construction contracts and consultant appointments; as well as advising on contractual issues and providing supporting advice in corporate sales and acquisitions.

We have expertise and experience in advising and representing individuals and businesses on contract formation and validity of contracts, whether agreed in writing or otherwise, including a variety of standard form contracts used in commercial and industrial settings.

We first assisted the company in restructuring, helping to avoid Texas franchise taxes, and then began working on standard contract forms while advising on standard operating procedures.

Correctness is also usually the applicable standard (at para. 60) for interpreting a standard form contract (such as the CAPL operating agreement) and the same standard applies «by analogy» (at para 61) to terms such as «working interest» «which have a common meaning to participants in a given industry».

Successfully represented STANDARD CHARTERED BANK in proceedings before the High Court and Court of Appeal in relation to a substantial demand guarantee dispute, which formed part of a US$ 130m contract for the supply of electricity in Bangladesh (Greenland Bank - v - AMEX [2008] EWCH 421 (CH) and [2009] EWCA Civ 14)

He has also been seconded to a major Canadian oil sands owner, where he assisted in the development and alignment of a full suite of EPC / CM standard form contracts.

The Supreme Court of Canada has provided guidance to the insurance industry on the interpretation of standard form insurance contracts in the recent decision of Ledcor Construction Ltd. v. Northbridge.

Construction We offer our construction clients a comprehensive advisory service, from drafting and reviewing standard - form and bespoke contracts with the aim of avoiding future disputes, to representing our clients» interests in court when disputes do arise.

Drafted and assisted in the implementation of a suite of standard form engineering, purchasing, construction, construction management and services contracts for a large western Canadian industrial owner.

The defendant's letter to the plaintiff offered her a standard form employee contract with a 14 - day notice period and «first pick» of one phase of any project in Guelph.

He has an in - depth knowledge of standard form contracts including JCT, NEC, MF / I, I Chem E and FIDIC.

Lead counsel in an ICC arbitration in Paris, conducted in French, brought by two major oil companies concerning the interpretation of the State's standard form of production - sharing contract.

The legal characteristics of a franchise agreement are typically somewhat different from normal commercial contracts in that they are «contracts of adhesion», meaning they are drafted in a franchisor's standard form contact and are generally signed by the franchisee with little or no modifications.

Of the four most commonly used standard form contracts in South Africa (FIDIC, NEC, JBCC and GCC), only two provide for voluntary mediation.

In three decisions, the Ontario Court of Appeal has held that a review of a decision interpreting a standard form contract involves a question of law, not a question of mixed fact and law: MacDonald v. Chicago Title Insurance Company of Canada, 2015 ONCA 842; Monk v. Farmer's Mutual Insurance Company (Lindsay), 2015 ONCA 911; Daverne v. John Switzer Fuels, 2015, ONCA 919.

In Ledcor, the Supreme Court articulated the interpretation of a standard form contract as an exception to the rule that contractual interpretation by a specialized arbitrator is a question of mixed fact and law subject to deferential review on appeal.

However, this approach has recently been called into question in the case of standard form contracts.

In, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co, 2016 SCC 37, the Supreme Court of Canada has held that the interpretation of a standard form contract is a matter of law alone, and not a matter of mixed fact and law.

In MacDonald, the Ontario Court of Appeal explained why a standard of legal correctness should be applied to the review of a decision interpreting a standard form contract:

Insight In a post at Construction Law Musings, Melissa Dewey Brumback writes about updates to the American Institute of Architects standard form contract documents.

He also specialises in PFI / PPP and infrastructure projects; standard form contracts (including, among others FIDIC, NEC, IChemE and LOGIC); reviewing and drafting project specific documents such as bonds and parent company guarantees; and consultancy / professional team appointments and collateral warranties.

It relied on another recent decision of the Supreme Court in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co, where Wagner J. (as he then was) wrote that interpretation of a standard form contract can, in certain situations, be a question of law subject to correctness review standard (the stricter and less deferential review standard).

Our barristers have worked with all the standard forms of contract such as JCT, ICE, FIDIC, NEC, IChemE and regularly appear in the Technology and Construction Courts, as well as alternative dispute resolution forums, not only contesting matters but often conducting them, as Chartered Arbitrators, Adjudicators and Mediators.