Sentences with phrase «lack of intent»

128 DOS 93 Matter of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework of the pleadings»; broker's authorization to execute lease on behalf of landlord must be in writing to be valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack of written authority for broker to sign for landlord); broker is undisclosed «double agent» - thus «fails to make clear» for which party he is acting (NYCRR 175.7); broker is not «managing agent» under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack of intent to mislead considered in mitigation; restitution of unearned commission

The lack of intent did not warrant an award of aggravated and punitive damages, as well as damages for the intentional infliction of mental suffering.

1) Defense demonstration of lack of intent in alleged offender despite a personal benefit enjoyed from the alleged crime.

One of the strongest defenses to raise in a white collar crime, however, is to demonstrate lack of intent.

A communication between lawyer and client with other, unnecessary third parties present is not privileged because the presence of the unnecessary third parties implies a lack of intent to have a confidential communication.

Those accused of contempt often believe that a lack of intent to breach the order (also known as contumacious intent) is a complete defence to the allegation leveled against them.

His lack of intent to target K.D. is shown by the fact that «similar flyers had been circulated in the same format long prior to the alleged crime,» he contends.

You'd have to prove lack of intent, as well as prove that the individual caused the damage, and was not acting with due care.

It was considered to be a very poor transfer window for Arsenal and the fans had once again become extremely frustrated with Arsene Wenger over his lack of intent in the transfer market.

You are right in that the choice of a black man for the heroic Samson was indicative of a lack of racist intent, if not also a lack of intent towards historical accuracy, but there has been a long history of portraying the devil as a black person, so you can understand why some people are offended by this, right?

Not exact matches

Payscale's 2016 Compensation Best Practices Report found that one of the top predictors of employees» satisfaction and their intent (or lack thereof) to leave is a company's ability to communicate clearly about compensation.

Beyond her age, she also lacks the spark of Superman's girlfriend, intent on blending in with the rest of the cast as a side character rather than taking any initiative.

Marc if you consider that the thinking behind this plan effectively captures the intent of your Stimulus Plan, contact me to discuss another technology based proposal which resolves a significant current commercial problem concerning lack of interoperability among technical standards in the digital satellite radio sector.

And yet the intent of the ceremony, in making the union of the couple part of a wider commitment involving family and the community, is often abandoned, as evidenced by the typical bridal couple's excuse for a lack of consideration for the wishes and comfort of relatives and other guests: «Well, it's our wedding, so we get to do whatever we want.»

However, when you connect that formal intent to sexual desire such an account of morality seems lacking to me.

Actually folks like Carl Sagan and Neil Degrasse Tyson (people who would know) have commented to the randomness of the Universe, and the lack of specific design intent...

There is not a more hypocritical or repulsive group than those who are not only so distressed by people accepting what they view as nothing more than a fairy tale, but who reject a higher power for lack of proof, only to cling (defacto) to the idea that everything came into existence without any sort of guidance, intent, or intelligence behind it.

During the events of the weekend when the president said he preferred people linking arms in «unity» compared to kneeling in protest, questions also swirled about the lack of conversation from the White House centered around global issues, and why the president seemed intent on focusing on the sports world.

If anything's working against the Blues it is the lack of a clear statement of intent from the club that they want to enter the bidding for him, with other clubs seemingly making more direct approaches for the player so far this summer.

Having been a winner wherever he has played, Arsenal's supposed lack of ambition had begun to frustrate the Chilean international, but after being given the number 7 shirt, which shows his importance to the team, as well as more intent in the transfer window with the signings of Xhaka, Lucas and Mustafi, it now seems that Alexis is keen to stride forward with Arsenal and hopefully sign a new contract in the process.

Up front we have a few world - class players surrounded by some serious pretenders... Sanchez is by far the most accomplished player in our attack but the controversy surrounding his contractual mishandling could see him go before the window closes or most definitely by season's end... obviously a mistake by both parties involved, as Sanchez's exploits have never been more on display than in North London, but the club's irresponsible wage structure and lack of real intent have been the real undoing in this mess... Lacazette, who I think has some world - class skills as a front man, will only be as good as the players and system around him, which is troubling due to our current roster and Wenger's love of sideways passing... Walcott should have been sold years ago, enough said, and Welbeck should never have been brought in from the get - go... both of these players have suffered numerous injuries over their respective careers and neither are good enough to overcome such difficulties: not to mention, they both are below average first - touch players, which should be the baseline test for any player coming to a Wenger - led Arsenal team... Perez should have been played wide left or never purchased at all; what a huge waste of time and money, which is ridiculous considering our penny pinching ways and the fact that fans had been clamoring for a real striker for years... finally Giroud, the fact that he stills wears the jersey is a direct indictment of this club's failure to get things right... this isn't necessarily an attack on Giroud because I think he has some highly valued skills, but not for a team that has struggled to take their sideways soccer to the next level, as his presence slows their game even more, combined with our average, at best, finishing skills... far too often those in charge have either settled or chosen half - measures and ultimately it is us that suffer because no matter what happens Wenger, Gazidis and Kroenke will always make more money whereas we will always be the ones paying for their mistakes... so every time someone suggests we should just shut - up and support the team just think of all the sacrifices you've made along the way and simply reply... f *** off

We lack real penetration, our style of play this season is terrible, we don't attack with enough intent, the exception was the ManUgame at home..

But for his lack of goal scoring intent.

Further, your misappropriation of the cap space point I made (Specifically that we're set up for a big boost in 2019) shows a lack of honest intent.

Nevertheless, the performance and lack of attacking intent from the Red Devils would have done little to ease the tension with the supporters who were left bitterly frustrated with another disappointing display.

I see in Elneny, ALWAYS THE SAFE SIDEWAYS PASS and a lack of game changing intent.

Getting Mahrez would bring a few things of great importance: 1) Lift the fans mood ahead of our LFC game specially after all the frustration build up with the lack 2) Big name signing and finally some intent that we have ambition to do something by forcing Leicester to deal Mahrez the PFA player of the year and involved in 30 goals (G+A) 3) Maybe after that players like Ozil & Sanchez will fill like Renewing & Bellerin will follow the leaders 4) Tactically speaking he would be a proper right winger (something we do not have) that can create havoc with his dribbling & can both create goal for others and himself.

However, against a defensive set up, with United midfielders having time and space near the halfway line, there is a clear lack of aggressive intent.

Given the fact that Mourinho himself would be well aware of Guardiola having one eye on the Liverpool game, he could use this fixture to showcase United's attacking prowess and win back some of the supporters that had started showing grim faces after the exit against Sevilla — where the fans blamed Mourinho's tactics, selection and a lack of attacking intent.

In the end, Liverpool could have even snatched a point from the game but the reality is that they deserved to lose mainly because of their lack of attacking intent.

The reds only have themselves to blame for lack of attacking intent as they only started piling pressure on United in the second half.

Clarity on commitment to decentralisation, including opportunities for local action in Community Energy, Smart Cities and the Internet of Things, which are new developments that hold considerable potential, but developers and entrepreneurs are held back where there is lack of clarity in the government's intent.

The intent of giving Electors two votes was the expectation that, with a lack of knowledge of candidates outside his state, a typical Elector would cast a vote for a «favorite son» from his own state, so a second vote was added to require a vote for a more nationally - known candidate.

Through out his statements on the issue, and in the many discussions that followed, the focus has shifted to a lack of evidence for «intent» to mishandle classified information.

It'll be a while before any of the three starts turning a buck, if ever, but it's worth noting this: Fleecing tourists, which is essentially the intent of the upstate casinos, usually produces sugar highs — satisfying at first, but lacking nutrition.

In finding Murnane to be a responsible bidder for the Schenectady project, DOT cited Murnane's «history of building public projects successfully over a long period of time,» the lack of asbestos abatement work involved («unlike the OGS project»), and the company's intent to «self - perform much of the work.»

The Erie County District Attorney's Office, after consulting with Buffalo police, found that the assailant lacked the mental capacity both to participate in a trial and to form criminal intent in the killing of Murray.

But another two years after that, the agency declared that while the bird deserved Endangered Species Act listing, protection was «precluded» due to a lack of resources — so the Center filed a notice of intent to sue in March 2010.

The lack of uniform standards has been just as confusing for people intent on becoming highly qualified Fertility Awareness Educators (FAEs).

Another stereotype is that bikers are people who lack a good education and that they are shiftless individuals who only intent to terrorize the lives of other people.

So, for you comedy buffs out there that really are intent on seeing this, hey, who's going to stop you (maybe your parents, I suppose), but believe me, the lack of layers in the story, the nonsensical dialogue, and the overall «wow, I can't believe that I just saw that while sitting in a movie theater» factor, probably will leave you at least a little disappointed.

Little does he know that his lack of festive spirit has unleashed the wrath of Krampus: a demonic force of ancient evil intent on punishing non-believers.

Pettyfer is pretty and easygoing but lacks the sort of charisma that comes with a more focused sense of interior purpose, and the film basically feels, at its core, like a mash - up of carefully cross-tabbed teen movie trends, which is probably what happens when you set out in pre-production with the chief intent of manufacturing the next big «Twilight» - type cinematic franchise.

The film lacks the comedic element one would expect from O'Brien, but that is because the intent of this picture is not to make you laugh but rather to capture O'Brien in his most purest form; and a man who at the moment is on the rebound from a bitter disagreement, which saw him walk away from the greatest franchise in the history of broadcasting.

The subtext isn't exactly sub here, and while I don't think that speaks to Cruise's intent it certainly speaks to the lack of thought or effort put into the script by David Koepp, McQuarrie, and Dylan Kussman.

But while it may have lacked for viewers and cultural dominance, the 2016 remake of Roots stayed true to the intent of the original: to keep this dark chapter of American history fresh in our minds.

These reasons include (i) the fact that South Africa has become the largest recipient of individual asylum - seekers in the world; (ii) asylum being lacking in many respects, and (iii) the huge influx of applications from individuals intent on abusing the asylum management system.29 This is a rationale behind disadvantaging genuine refugees and asylum - seekers from accessing national resources and / or not being afforded effective protection that South Africa committed itself to achieve.30

The intent of the law was to allow for an alternative to traditional college teacher - training programs, but much of the hang - up seems to be the fact that the alternative certification candidates, by definition, lack the university transcript the board expects to see.

Despite all the problems that have recently cropped up in the last year concerning the utter lack of accountability for private schools and for - profit managed charters receiving public taxpayer dollars, Speaker Corcoran seems intent on giving more and more money away to those who will line their own pockets rather than educate our children.

According to meeting attendees, the production - intent version followed the ZR2 AEV Concept very closely, while lacking some of the concept's over-the-top elements, such as a bed rack system as well as the integrated air - compressor set - up.