Sentences with phrase «intent of the parties»

This covenant requires someone who has discretion regarding how a contract is performed to do so in good faith relative to the shared intent of the parties regarding the objective of the contract.

But Milazzo wrote, «It is obvious to this Court that there was no mutual intent of the parties to guarantee plaintiffs funding,» calling the testimony «unequivocal.»

Short answer: usually those meta terms would count as binding parts of the contract but if it said «attached is a 3 page addendum with 15 terms» the question would be if the the real intent of the parties was to refer to the actual addendum provided to the court, and if it was, the actual addendum would be given full effect regardless of how many terms it actually had.

Its famous Johnson v. Calvert (1993) case established the precedent that the procreative intent of the parties would be used to determine the legal parents in a surrogacy relationship.

First, there is the manifest intent of the parties.

Far better, I think, to stick to a tested standard clause and add only those terms that are necessary to vary unwanted default rules or to reflect the specific intent of the parties.

Relying on established contractual interpretation lines of authority with respect to the reasonable intent of the parties, the majority opinion concluded that the clause could not be said to be ambiguous merely because of a difference of opinion about whether a hypothetical activity would trigger the compensation obligation.

Smith LJ applied the main plank of her previous judgment, ie that the proper approach is to consider whether the written term in question reflected the true intent of the parties.

Firstly, arbitration can maximally reflect the real intent of the parties; they have the right to choose the arbitrators as well as the applicable law.

Illinois does allow the waiver of that co-insured status for specific types of losses, if the lease in its totality makes clear the intent of the parties to agree to take on that responsibility.

The determination whether a covenant runs with the land or is personal is governed by the language of the covenant, the intent of the parties, and the law in the State where the land is situated.

The intent of both parties is to give a gift.

«It takes effort, and the intent of both parties, to develop that type of relationship and see the results that this relationship can bring.»

So, the question appears to be both about the absolute legality of the woods and the intent of the party who filled in the forms.

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.»

Usually, in contracts, intent to act or not act doesn't matter, only the intent of the parties regarding what the contract means in the first place.

Rather than relying strictly upon the written agreement, it will now be the «overriding concern» of the Courts to determine «the intent of the parties and the scope of their understanding».

(3) the intent of the parties: The court will look at the parties» actual intentions, which may be inferred from the parties» actions; and

«And / Or» appears much more desirable than allowing courts to have the discretion to interpret «And» or «Or» as they desire as can be seen in the commentary below where the Court holds, «where sense requires it, there are many cases to shew that we may construe the word «or» into «and,» and «and» into «or,» in order to effectuate the intent of the parties.»

The intermediate view and to a lesser extent the modern view, also give more weight to individualized evidence of the intent of the parties on a case by case basis, while the traditional view would be rather indifferent to the actual intent of the parties.

0.45 sq. km is pretty small and I think it has to be read in light to the intent of the parties.

Illinois does allow the waiver of that co-insured status for specific types of losses, if the lease in its totality makes clear the intent of the parties to agree to take on that responsibility.

We consider the intent of the parties as expressed in the language of the stipulation.»

We can help mediate the drafting of language in the separation agreement to avoid future conflicts about what was the intent of the parties.

Again, this raises the issue of the words used in the document and the purpose and intent of the parties being «ad idem», or a meeting of the minds.

Otherwise a court might be forced to divine the intent of the parties at the time they entered into the lease.

Interpretation of the law of contracts always considers the intent of the parties and the intent of a listing is clearly to pay out where there is an accepted offer.

The determination whether a covenant runs with the land or is personal is governed by the language of the covenant, the intent of the parties, and the law in the State where the land is situated.