Sentences with phrase «intentions of the parties at»

In reaching its decision, the court will consider the intention of the parties at the time the contract was formed and the nature and degree of seriousness of the breach of contract when deciding whether a constructive dismissal has occurred.

A court will consider the nature and extent of the unilateral change and the intention of the parties at the time the employment contract was formed when deciding whether a constructive dismissal has occurred.

Not exact matches

Short selling (also known as shorting or going short) is the practice of selling assets, usually securities, that have been borrowed from a third party (usually a broker) with the intention of buying identical assets back at a later date to return to the lender.

Wake up people — these behaviors will never go away, and politicians of both parties have no intention of getting rid of them — if they did, there'd be no issues to divide us at the polls.

In spite of attempts to paint a vast plot on the part of world Communism to take over and dominate the American Protestant Churches, the best evidence that could be produced pointed to a handful of well - intentioned but sometimes naïve clergy who had at times been used by Communist - front organizations or by the party itself.

The club released a statement in which it came just short of publicly backing Arsene Wenger, although it did show intentions of saying that any decision will be made in agreement with Wenger and the board, rather than Wenger allowing to dictate his future at the club as a sole party.

like I've said before, Wenger is simply stating that Sanchez is staying so that he can regain some leverage when it comes time to make a deal and to shift the focus back squarely on Sanchez... this is 101 tactics in PR management... the very fact that he even mentioned RVP's name speaks to the utterance arrogance of a man that believes he answers to no one... before you harshly judge Sanchez think carefully about what the ultimate intentions of both parties involved... Sanchez wants to win trophies and get paid generously for his efforts, whereas the club wants to pull the wool over our eyes once again so that we blame the player for wanting the very things we told him we wanted when we brought him in... how many times do we have to go down this road before we realize the only common factor in each of these scenarios is the club itself... trust me, if we showed any ambition Sanchez's contract demands would be much different... just like in other major sports players will take a «home town» discount if they see those in charge making a truly honest attempt to fight for the highest honours in their respective fields... that being said, if they see a team trying to make disparaging remarks about them in the press and not following through on their promises, they will likely try to make them pay a premium for their services or seek greener pastures... btw if anyone simply looks at the score versus Bayern today and thinks that even for a second that this was a deserved victory, just watch the game and judge for yourself... actually save yourself the anguish and just know that if it weren't for Cech and Martinez this could have been a repeat of our Champions League flopping or worse

He added, «While we are aware of such intentions, we wish to restate our earlier position that anyone who wants to join the Party should do so at the ward level.

Deputy prime minister Nick Clegg announced his party's intention to block boundary changes, thought to be worth around 20 MPs to the Tory party at the next election, as a direct response to the failure of his plans to make the Lords reform a mainly elected second chamber.

He said he would soon serve a notice of his intention to the leadership of the party at a later date.

This is surprising, given that the party is polling at about a third of its 2010 level of support, in terms of voting intentions.

Although Labour's «vitriol, bile and insults» are now being aimed at him personally, he hoped the party would stop talking to itself after its leadership election, and he has no intention of returning the fire.

Arowosoge, a former House of Representatives member, revealed that Oni had sent letters of his intention to vie for governor in 2018 to the party executives at the ward, local government and state levels.

Speaking to the DAILY HERITAGE at a press briefing to declare his intention to contest the Lower West Akyem Constituency organiser position, Aminu Issah, alias «organiser general» said the group is not to foment trouble like the Invisible Forces but to provide sense of security to the party and its supporters.

NiiNoi, who was recently muscled out through a re-run of the New Patriotic Party's parliamentary primaries, on Wednesday, officially announced his intention to contest the KlotteyKorley seat as an independent candidate at a press conference held in Accra.

«I however agree with you that the administrator at the office should have been a bit vigilante to make sure that nobody walks in to steal; but I think that he had the best of intentions and never anticipated that anyone will walk into the party office and steal nothing other than a booklet.

The regional chairpersons made their intention known to the the immediate past President of the country who was also the standard - bearer of the National Democratic Congress during the 2016 general elections in which the party suffered defeat at a meeting on Thursday 9th November, 2017.

Despite persistent pleas from both parties, the Indies do not nominate at open conventions and apparently have no intention of doing so in the foreseeable future.

The party said investigations have shown that the Federal Government has been lying to Nigerians on oil - related issues while using the Nigerian National Petroleum Corporation to bandy figures with intentions to arrive at government» s predetermined agenda to increase the price of fuel.

Our latest voting intention figures for the Sunday Times have the Liberal Democrats at 12 %, their lowest level of support since 2007 when the party removed Menzies Campbell as leader, and a halving of their support since the General Election.

Landry said he wanted at least 80 % of approval and after gaining 76.2 % approval on the confidence vote from party membership on 4 June 2005, Landry announced his intention to resign.

One of the political parties in the country, the Democratic Youth Congress, DYC has instituted a legal action against President Muhammadu Buhari at the Federal High Court in Abuja over his delay in declaring his intention to run for the 2019 presidential election.

«While we are aware of such intentions, we wish to restate our earlier position that anyone who wants to join the Party should do so at the ward level.

Looking at the detailed breakdown of support for the smaller parties, the biggest beneficiary seems to be UKIP, who are now regularly reaching up to 5 % in our voting intention polls.

The early decision was to draft a constitution providing for democratic club rule and an extremely anti-patronage policy, with the intention of contesting the party leadership in a race for district leader against incumbant DeSapio — easily the most important Democrat at that time in the state — in the 1957 party primary.

«Surveying over 10,000 people, the poll gives an insight into voting intentions for the next Scottish elections, opinions of party leaders and achievements of the Scottish Parliament, while putting support for independence at 26 per cent, the no vote at 65 per cent and just 10 per cent undecided.»

In the wake of Labour's second defeat at the Scottish Parliament election of May 2011, which saw the Scottish National Party (SNP) form its first majority government, Gray announced his intention to step down as leader of the Labour MSPs later that year.

General News of Wednesday, 9 May 2018 Source: www.ghanaweb.com Alhassan Abdul Ganiyu A youth activist of the ruling New Patriotic Party (NPP), Alhassan Abdul Ganiyu, has declared his intention to contest as the party's National Youth Organizer at the upcoming national delegates congParty (NPP), Alhassan Abdul Ganiyu, has declared his intention to contest as the party's National Youth Organizer at the upcoming national delegates congparty's National Youth Organizer at the upcoming national delegates congress.

«However, it will shock most of you today to know that after consultations with my family and some key stakeholders of our party in Kagarko local government and at the state level, I have resolved to withdraw my intention to contest for the coveted seat in the council.

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Unaware of each other's intentions, Andie and Ben are set up at a party and share a mutual attraction.

For that reason, interested parties are better off checking out some of the documentaries, such as «Gulîstan, Land of Roses,» rather than this well - intentioned yet cliché - riddled lunge at the tear ducts.

A reliable source of funding should not project the empty gesture of a «donation of large sums of money», with the intention that at some stage this would be «reclaimed» by the donating party.

Instead, both political parties, and all levels of government, have advanced reforms that, while well intentioned, have not risen to the level necessary to address the depth and breadth of the daunting challenges of equity and excellence facing American public education at the beginning of the 21st century.»

-- Any consumer may cancel any contract with any credit repair organization without penalty or obligation by notifying the credit repair organization of the consumer's intention to do so at any time before midnight of the 3rd business day which begins after the date on which the contract or agreement between the consumer and the credit repair organization is executed or would, but for this subsection, become enforceable against the parties.

During her speech at the Conservative Party conference on Sunday, Prime Minister Theresa May stated that the UK would be notifying the European Council of its intention to withdraw from the EU in accordance with Article 50 (1) TEU by the end of March 2017 at the latest.

``... the species of constructive trust based on «common intention» is established by what Lord Bridge in Lloyds Bank v Rosset [1991] 1 AC 107 at 132, called an «agreement, arrangement or understanding» actually reached between the parties, and relied on and acted on by the claimant.

The Alberta Court of Appeal in the very recent decision of Singh v. Kaleremphasized that it is the intention of the claimant (i.e. the party claiming under the trust) at the time of the advance of funds that counts.

One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory rules of the place of the arbitration.871 Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory rules of the forum.872

The policy at issue in this case, was crafted in such a way that in order to engage the insurer's duty to defend, it required the communication, during the policy period, by a third party, of an intention to hold the Jesuits responsible for damages.36 In this case, it was accepted by the parties, that if the claims were made within the temporal limits of the Policy, the duty to defend would have been engaged as the claims allege injuries that would fall within the policy.37 In fact the Court found one of the claims was made within the policy period and therefore did trigger the insurer's duty to defend.38 The rest of the claims however were found not to have been communicated during the policy period and, as a result, the insurer did not have a duty to defend the actions.39 The determination of whether a policy will be «claims - made» or «occurrence based» will depend on many factors.

The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of joint beneficial ownership (which presumption generally arises where there is joint legal ownership and no express declaration of trust that the co-owners should own in anything other than equal shares).

Calculating future loss of earnings can be tricky at the best of times, but the intention of this sum is to put the injured party back in the financial position they would have been in had it not been for the accident.

In those cases where it is clear either (a) that the parties did not intend a joint tenancy at the outset or (b) had changed their original intention, but it is not possible to ascertain by direct evidence or by inference what their actual intention was as to the shares in which they would own the property, «the answer is that each is entitled to that share which the Court considers fair having regard to the whole course of dealing between them in relation to the property».

Gloster LJ said it was clear that «the intention of the parties was that Hudgell should simply be substituted in Baker Rees's place... under and subject to the same terms of the existing (and so far as the parties were concerned, at least) continuing retainer».

The presumption of joint and equitable ownership can be rebutted by evidence that the parties did not at the time of purchase intend to own the property jointly in equity, or that the parties» intention as to beneficial ownership has changed over time (for example, where the parties did not share their financial resources).

[88] Although the change contemplated by stage two need not be «radically unforeseen», and the applicant need not demonstrate a casual connection to the marriage, the applicant must nevertheless clearly show that, in light of the new circumstances, the terms of the agreement no longer reflect the parties» intentions at the time of execution and the objectives of the Act.

The effect of disregarding the existence of such clauses solely because they appear in an agreement that preceded the formation of a separate contract of employment would be to negate the foundations of, and the rationale for, the obligations of non-competition and non-solicitation provided for in the clauses, while at the same time discounting the intentions of the parties.

As the Supreme Court of Canada said in an earlier case dealing with common intention resulting trusts, Pettkus v. Becker, [1980] 2 S.C.R. 834; a common intention can not be attributed to the parties where such an intention was negated by the evidence (at p. 847).

At the second stage of the Miglin test, the court will examine the contract in light of present circumstances, and can set aside the contract if it no longer reflects the intentions of the parties and is no longer in line with the objectives of the Divorce Act.

@user6726 My intention was that all parties would compute the cryptographic hash of each page according to the method agreed to on the signature page, verify the hash at the bottom of page n +1 is equal to the hash of page n's contents (including or excluding hash on page n, as outlined) and agree that the hashes are all in agreement.