Sentences with phrase «not unconscionable»

The catch is that the Fair Housing Act is about racial discrimination, not unconscionable lending behavior per se.

Your Colorado divorce court can approve the terms of your marital settlement agreement as long as the terms are not unconscionable — that is, grossly unfair to one party.

· Former Attorney's fees were not unconscionable, because she agreed to a reduced rate, testified to the complex nature of the litigation, and often wrote off items to reduce the amount of the bills.

Its terms were not unconscionable.

What the courts recognize is that a fee agreement is not unconscionable simply because it can produce a big fee

After a hearing, Supreme Court, Richmond County Justice Catherine M. DiDomenico found that the prenuptial agreement was not unconscionable.

@caw I would say no, it's not unconscionable in my opinion, unless something else is going on like one party is being coerced.

Since the wife's waiver of maintenance did not place her in danger of becoming a public charge it was not unconscionable.

Based on that, the Supreme Court found that the district court did not abuse its discretion in determining that the property settlement agreement was not unconscionable.

Goepel J. noted that the legislature in B.C. had taken no such steps to make these types of waivers unconscionable in the province, and cited Ochoa v. Canadian Mountain Holidays Inc. and Dyck v. Manitoba Snowmobile Association as authorities that exclusion of liability clauses are not unconscionable.

The Court of Appeals found the agreement on equitable distribution was not unconscionable.

Because both parties waived any interest in the other's marital earnings, it found «the Agreement's terms were not so one - sided or oppressive that no reasonable person would make them and no fair and honest person would accept them; therefore, the Agreement was not unconscionable as to equitable division.»

A lower standard is reserved for terms that limit spousal maintenance, which will be upheld if «fair and reasonable at the time of the making of the agreement and... not unconscionable at the time of the [divorce].»

Mark Zauderer, who represented the law firm was quoted in the Times as saying «What the courts recognize is that a fee agreement is not unconscionable simply because it can produce a big fee,» he said.

In December 2016 an Australian Federal Court decision decided Woolworths» Mind the Gap program was not unconscionable.

After reading the facts of this case, I wonder: if the fee agreement isn't unconscionable in this case, then does per se unconscionability even exist?

Not exact matches

«It's hard to imagine the court won't ultimately say that the arbitration clauses are unconscionable.»

This is what the doctor had to say about his allegations for filing a lawsuit: «I decided to file this lawsuit to seek justice not only for myself,» explained Dr. Briggs, «but for the hundreds of immigrant families who've suffered medical danger as a result of Catholic Charities» unconscionable record of neglect.

When dealing with suppliers, retailers or wholesalers must not engage in unconscionable conduct.

The Australian Competition and Consumer Commission (ACCC) said it will not appeal the Federal Court decision which dismissed its claim that Woolworths had engaged in unconscionable conduct through its «Mind the Gap» scheme.

Notes discussion on small business and the ACL is limited to unconscionable conduct - does not mention misleading or decpetive conduct (s 18 ACL)- submits it's just as important that s 18 and ACL generally should apply to government as it is in relation to Part IV.

After briefly outlining the history of statutory unconscionable conduct provisions, the Panel reiterated that the concern of competition laws was to protect competition and not competitors and that this requires balancing «preventing anti-competitive behaviour that undermines competition with not inhibiting behaviour that is part of normal vigorous competition».

Unconscionable conduct is assessed by reference to the particular circumstances in which the conduct occurs and often (but not always) includes a pattern of behaviour which taken together constitutes unconscionability.

Australian Competition and Consumer Commission chairman Rod Sims told BusinessDay on Monday that he welcomed the voluntary code that governed the retailer - supplier relationship but that he would not be derailed from pursuing current investigations into the leading supermarket chains, Coles and Woolworths, and alleged anti-competitive behaviour and unconscionable conduct.

The ACCC has announced it will not appeal the Federal Court's decision in the Woolworths case, in which it had alleged Woolworths engaged in unconscionable conduct in relation to its «mind the gap» scheme.

Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)

Competition policy (SME focus; need for equity; treat SMEs as «consumers» when dealing with larger businesses - extend unfair terms contracts to small business; need «legal precedents or statutory definitions» as part of unconscionable conduct framework); competition laws (focus on unfair terms and unconscionable behaviour; mention of MMP but not in context of s 46; access - call for broader access; price signalling (not clear)-RRB-; administration

«Have your say» Apply ACL (stet) to small business in relation to unilateral conduct, MMP, unfair and unconscionable conduct, third line forcing [no further explanation of how law does not currently apply to small business or why extension needed]

Agriculture - Tasmanian focus; significant regulatory costs for farmers; regulatory impediments to competition (freight - coastal shipping; environmental regulations; government as land owner (not a «good neighbour»)-RRB-; workplace penalties; competitive neutrality; unconscionable conduct and MMP (legislation not adequate); need to educate on competition issues.

The ACCC advised that the allegations raised with the ACCC, which were the subject of its investigation, included allegations of some conduct that the ACCC considered did not conform to acceptable business practice and may be unconscionable or a misuse of market power.

Excluding a mom friend from a moms» night out because she's not the «birthparent» is unconscionable.

«It is not only irresponsible but unconscionable to let that money sit there while making drastic budget cuts, «said Paul Bargiel, a Glen Ellyn parent.

The fund has a surplus now, but it won't when Baby Boomers are fully retired and those working will be unable to pay their parents» benefits without unconscionable increases in the Social Security payroll tax.

He averred that even though nature is calm but it does not respect human beings and as such could be devastating in form of protest against unconscionable human activities.

Malliotakis gave the most memorable line, «I believe that you'll have two underdogs winning this year, the New York Yankees and Nicole Malliotakis,» adding that it's «unconscionable to me that any mayor would not support the home team.»

«The DCCC's silence is unconscionable and they can not excuse years of abuse by one of their donors.»

Congressman Kirk's position on «Don't Ask, Don't Tell» is unconscionable.»

It would be unconscionable not to pass lifesaving legislation when a clear majority of House members support it.»

«It is unconscionable that he would use the power of his office to produce a report and then make public statements that are not aligned with his report.

«This bill isn't simply unconscionable and unjust — it's unconstitutional.

«It's unconscionable that thousands of New York kids each year are turned away from homeless youth shelters because there aren't enough beds.

«It's not an expansion but to hold the other nine points hostage, to say that women can't have the other nine points unless they give up rights they have now, I think is unconscionable, it's not the world I want my children to grow up in.»

It's unconscionable that five decades after the Equal Pay Act was signed that there are still some employers who don't recognize the impact pay discrimination has on our entire community and how it negatively effects our local economy.»

«Not only was the deal unconscionable, it didn't work,» Pidot told POLITICO New York.

As for the possible use of cloning to produce copies of humans, most ethicists» initial reaction is that such an action would be unconscionable — although in the U.S., unlike in the U.K. and many other nations, it is not explicitly illegal.

These bad dating sites are unconscionable, but not illegal, unfortunately.

For a film with a $ 150 million budget to look like television is unconscionable and it seems absurd that no one was able to convince Jackson not to adopt the format, or at least not to try it out on a franchise with so much riding on it.

You do not grow to admire and respect this man as you do in most militaristic flag wavers; he is a ruthless sadist who punishes every tiny error with the kind of physical and emotional abuse that would be deemed unconscionable in any other environment.

In between, The Wild Bunch presents coffin nails for every single thing sacred in the western genre: its heroes are broken - down, paunchy, exhausted, and driven by the wrong things; its whores are nasty; and its bloodshed is excessive and unconscionable.3 Other New American westerns could only pretend at this picture's level of absolute obscenity; like Apocalypse Now, it wasn't a movie about Vietnam — it was Vietnam.

Gabriel Even though Lou Howe's feature writing - directing debut, Gabriel, isn't remotely a twist - driven movie, it'd be unconscionable to reveal too much about it, since it's so reliant on its protagonist's point of view, and on the gradually unspooling story of who he is and what he's all about.