Sentences with phrase «knowledge of the facts upon»

As well, for clients with an extra-provincial business presence, most provinces (but not Manitoba) have a judge - made or legislated «discoverability» rule, pursuant to which a cause of action does not even arise, and the limitation period does not therefore commence to run, until such time as it can reasonably be said that the claimant either had actual knowledge or ought to have had knowledge of the facts upon which the cause of action is based.

Not exact matches

Subsequent excavation proved that the three ages were historical facts, and the foundation was laid upon which our modern knowledge of early man has been built.

With that discovery it becomes impossible even for a moment to take seriously either a realistic metaphysics according to which metaphysical propositions state our empirical knowledge of the categorical characteristics of reality, or an idealistic or psychological metaphysics according to which these depend upon the way in which the human mind as such is always and everywhere constructed... We must start again at the beginning and construct a new metaphysical theory which will face the facts revealed by history.

The «fact of Jesus,» in any important and really true sense, was Jesus as he was known and remembered in the community, and the testimony upon which we must rely for any knowledge of this fact must be taken as equally valid testimony to the resurrection.

In fact, it is argued that belief (or faith) and a knowledge of God can be s greater damnation upon those who do not act according to that faith.

Whether «the imparting of knowledge» is in fact the teaching of wisdom depends entirely upon what you understand knowledge to be.

Just as we sometimes fail to recognize how dependent we actually are upon the historical revelation, falsely supposing that our knowledge of God has been derived entirely or largely from nature and reason, so also often, having accepted the fact of revelation, we think of it as having been made directly to us as individuals and thus regard ourselves as being at every essential point independent of the community.

In spite of the fact that Socrates studied with all diligence to acquire a knowledge of human nature and to understand himself, and in spite of the fame accorded him through the centuries as one who beyond all other men had an insight into the human heart, he has himself admitted that the reason for his shrinking from reflection upon the nature of such beings as Pegasus and the Gorgons was that he, the life - long student of human nature, had not yet been able to make up his mind whether he was a stranger monster than Typhon, or a creature of a gentler and simpler sort, partaking of something divine (Phaedrus, 229 E).

Scientific knowledge becomes more transparently contingent upon its choice of criteria for selecting and interpreting facts.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon DrC actual knowledge of facts or circumstances from which infringing material or acts are evident.

Obama's education reform blueprint brings us full circle, as it itself is an innovation built upon knowledge gained during NCLB (in fact, growth - model testing was piloted during NCLB after the Bush administration observed the negative effects of over-emphasis on standardized testing).

(c) The statement submitted by the local animal control officer shall set forth the facts upon which the officer's statement is based and shall indicate whether, to the best of the officer's knowledge, the animal was killed by a dog.

-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

Despite the current fashion of devaluing the skills and knowledge needed for responsible and competent law practice, the practice of law is in fact an art, a distinguished profession, a sobering responsibility, and a privilege that should only be conferred upon those in society who are properly prepared in every way to shoulder the often times thankless weight and gravity that comes with it.

Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)- Buyer sues seller for fraud, misrepresentation, mistake of fact and breach of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affirmed.

To allege fraud, the Buyers would need to show that the Brokerage made a false representation of material fact with knowledge of the statement's falsity or reckless disregard for the truth, with the purpose of inducing the Buyers to act in reliance on the statement, and where the Buyers justifiably relied upon the misrepresentation and acted upon it, thereby suffering damage.

The Court stated» «reason to know» means that the actor has knowledge of facts from which a reasonable man of ordinary intelligence or one of the superior intelligence of the actor in question would either infer the existence of the fact in question or would regard its existence as so highly probable that his conduct would be predicated upon the assumption that the fact did exist.»

The Act prohibits «deception, fraud, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon [it], in connection with the sale or advertisement of... real estate,... whether or not any person has in fact been misled, deceived or damaged thereby...» The court noted that when the alleged wrong is an omission or failure to disclose, the plaintiff must show knowledge on the part of the defendant, as intent is an element of that type of fraud.