Sentences with phrase «liability to pay»

Co-op's fee arrangement is with the buyer if buyer enters into a purchase agreement, so wouldn't the judge then have to determine with whom the liability to pay the co-op brokerage first lies and then also who initiated the cancellation of the contract which in your scenario was the buyer?

(2) Subsection (1) does not apply to a liability to pay duty or charge (if any) in relation to a Part VIIIAB financial agreement covered by section 90UE if the liability arises before the transition time (within the meaning of that section) for the agreement.

[50] The parties have many significant issues to grapple with, including finalising extinguishment issues and considering liability to pay compensation or whether other remedies are available.

All drivers in Dover, DE are required to purchase bodily injury liability and property damage liability to pay for the costs to the other driver as part of the law in Delaware.

It's your insurer's liability to pay you the refund, if you have already paid the annual premium.

In case you hit someone, you can use bodily injury liability to pay for the legal fees.

In short, sometimes car insurance companies will simply try to escape their liability to pay claims for uninsured motorist insurance.

ATV insurance coverage offers Bodily Injury and Property Damage Liability to pay for injuries to people or damage to property caused by your ATV.

Any third party legal liability to pay for accidental bodily injury to Third Parties or accidental damage to Third Party Properties, arising from an incident during the covered trip is duly covered under the plan

You also must have $ 10,000 of property damage liability to pay for damage to others» cars.

In so holding he distinguished Perry as a case where the knowledge of the damage ie liability to pay income tax, was not obtained until later, but in reality the two cases were in unhappy conflict.

«If the policy of the act is not to create a statutory liability to pay compensation, the same policy should ordinarily exclude the existence of a common law duty of care.»

But very careful statutory language would be needed to impose on a company innocent of any polluting activity a liability to pay for works to remedy pollution caused by others to land it had never owned or had any interest in.

As for retainers, CPD s 40.2 states where there is a dispute about the receiving party's liability to pay costs to the solicitors who acted for the receiving party, the request for a detailed assessment must be accompanied by any agreement, letter or other written information provided by the solicitor to his client explaining how the solicitor's charges are to be calculated.

Vincent v. Servite Homes Ltd [2002] EWCA Civ 852 — Whether employer estopped from denying liability to pay contractual PHI to employee.

In certain circumstances payment of the court fee may be deferred if the Appellant's solicitors are operating under a CFA which imposes the liability to pay the court fees on the Appellant personally and the solicitor confirms that the Appellant would be eligible for fee remission and provides the necessary supporting evidence.

Mr Justice Tugendhat said in Citation plc v Ellis Whittam Ltd that parties should be encouraged to try to settle their dispute on the basis that they are not incurring liability to pay the other party's costs if no action was commenced.

Peabody Estates v 28 Leaseholders (2016)-- representing leaseholders in resisting their liability to pay service charges on the basis that the works did not come within the service charge covenants.

The issue in dispute relates to the insurer's denial of liability to pay an amount under an invoice on the grounds that,

Avoncrest v. Goodview [2009], Leasehold Valuation Tribunal --(determination of a tenant's liability to pay service charges turning on the proper interpretation of the relevant provisions of the lease with regard to the maintenance of party walls)

A «buy - out» annuity is an insurance policy pursuant to which the liability to pay benefits is «transferred» to the insurance company upon payment of a single premium.

However, for slip and fall cases the Negligence Act says that a parties liability to pay court costs in a personal injury lawsuit is in the same proportion as their liability to make good the damage or loss, unless otherwise ordered.

I am not prepared to extend the meaning of «apportionment of liability» to include liability to pay the damages awarded in a proceeding.

The MLG arrangement discourages maximum commitment on behalf of the class because even if class counsel should win at trial, they will not be entitled to any compensation, whether from the recovery (no such agreement is in place) or via the plaintiff's claim for costs (no costs can be awarded because the representative plaintiff has no liability to pay legal expenses.

In my view, it would not be appropriate, as a matter of course, for a joint tortfeasor found to be minimally responsible for an accident to be ordered to pay costs strictly in accordance with its liability to pay the damages.

The adjuster and claims representative are trained to get people in your situation to say things that will limit the insurance company's liability to pay on an accident claim, and they are very good at what they do.

Whilst companies may not be able to avoid their ultimate liability to pay VAT, it is a matter for commercial negotiation as to who should bear that cost.

The Claimant first instructed his solicitors following the reforms of 1 April 2013, and therefore the After the Event (ATE) Insurance purchased by the Claimant protected him from a liability to pay his own disbursements; the risk of his being required to pay the Defendant's costs was restricted by the application of qualified one - way costs shifting.

The Crown, relying on ss 1 and 2 of the Drug Trafficking Offences Act 1986, s 71 of the Criminal Justice Act 1988, ss 2 and 4 of the Drug Trafficking Act 1994, and ss 6 and 76 of the Proceeds of Crime Act 2002, contended that the legislation laid down a mandatory regime and there was no warrant in any of the statutes for apportioning liability to pay among those who had benefited jointly.

(4) If a person who would be entitled to benefits under this Regulation in the absence of subsection (1) elects to bring an action referred to in section 30 of the Workplace Safety and Insurance Act, 1997 and there is a dispute concerning the insurer's liability to pay an expense for a vocational rehabilitation program the person was attending at the time of the election and continues to attend, the insurer shall pay the expense pending resolution of the dispute.

However, in principle, the there's nothing about the mechanics (the procedure) of determining liability to pay contribution under a blameworthiness approach that is inconsistent with the causation requirement being satisfied by causation established under material contribution to risk.

Section 281 (5) provides as follows: «Discharge does not, except to such extent and on such conditions as the court may direct, release the bankrupt from any bankruptcy debt which --(a) consists in a liability to pay damages [of specific types]... in respect of personal injuries to any person; or (b) arises under any order made in family proceedings or under a maintenance calculation made under the Child Support Act 1991.»

Many tenant companies were entering administration on the day immediately following a quarter day, thereby deliberately avoiding liability to pay rent even where administrators used the premises for the purposes of the administration by continuing to trade.

Many solicitors assume that liability to pay the Defendant's costs is only triggered upon service of the proceedings but this is not always correct.

At the other end of the scale, the court can make a much more modest order, whereby the claimant's liability to pay the defendant's costs is capped not at nil but at a specified level and where the defendant is given a guarantee that it will not be required to pay any of the claimant's costs....

«For satellite dish installation permission — # 500 plus surveyor's fee for inspecting channels» CLRA 2002, Sch 11 gave tenants the right to challenge the liability to pay and reasonableness of an administration charge — for example, for consent to installation of a satellite dish or carrying out of building works, on providing information or documents or in respect of a failure to make payment under the lease — at a LVT and, ahead of service charges, obligated the landlord to serve, with a demand for the payment of the charge, a summary of the tenant's rights and obligations.

A tenant may apply for an order reducing or extinguishing their liability to pay a particular administration charge in respect of litigation costs (ie costs incurred, or to be incurred in connection with proceedings before the court in question or, if the application is made after the proceedings are concluded, before the county court; the first tier or upper tribunal; or within arbitration proceedings or, after conclusion, the county court).

This was an appeal against a decision of Bean J to reject a judicial review of the Parking Adjudicator's decision in a test case concerning the effect of alleged defects in traffic signs and road markings on the liability to pay the penalty charge (a parking ticket).

«The paying party can work out in advance the additional risk created by the potential liability to pay interest on costs, but any potential liability to pay currency fluctuations is uncertain and wholly outside his control.

If you are not located in either the US or the EU your purchase price will be the full amount of the price posted and failure on Humble Bundle's part to invoice you for any applicable taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.

Furthermore, even though you may be personally relieved of the liability to pay a secured debt such as a mortgage or car loan, if you fail to make the payments, the creditor is permitted to enforce the lien in state court (i.e. a foreclosure or repossession).

If I understand correctly, I have the liability to pay taxes, but since I have not hit my lifetime exclusion, I can gift my parents money without paying any gift tax.

Not getting SSN has nothing to do with his / her liability to pay SS taxes.

This means that taking premium finance loans may be a negative legal asset protection move for affluent individuals and business owners because it subjects other valuable assets to liability to pay the loan.

However, in particular circumstances they may agree to release the person from their liability to pay the debt.

ATV insurance coverage offers Bodily Injury and Property Damage Liability to pay for injuries to people or damage to property caused by your ATV.

But while the bankruptcy debtor's personal liability to pay a mortgage note or a car loan is discharged, just the same as the debtor's personal liability to pay a credit card account is discharged, the difference between the secured creditor and the unsecured creditor after discharge is significant.

If you are not located in either the US or the EU your purchase price will be the full amount of the price posted and failure on Humble Bundle's part to invoice you for any applicable taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.

While publishers will rightfully insist on an author's warranty, the language should limit the author's liability to pay the publisher's legal costs for something that isn't the author's fault.

If Amazon discounts ebook, it is still incurring a liability to pay writer $ 2.10.