Sentences with phrase «obligation upon the court»

Not exact matches

While the Congress is under no duty to provide remedies through the courts, the contractual obligation still exists, and, despite infirmities of procedure, remains binding upon the conscience of the sovereign.

Depending upon the type of bankruptcy you declare, you can either retire most of your debts entirely, or agree to a multi-year repayment program that keeps your creditors at bay while you pay off your obligations in a court - sanctioned and orderly manner.

At least the court revised the insurer's proposed terms to circumscribe the obligation in these terms: «The defence insurer shall be entitled to require the claimant to undergo medical examination at its request upon reasonable notice being given to the claimant at any time during the claimant's lifetime, such medical examinations to be limited to obtaining a medical opinion as to the claimant's general health in order to obtain a quotation for the purchase cost of an annuity to fund the periodical payments and / or (not more frequently than once every seven years) for the express purposes of reviewing its reserve.

The point would be to milden the firm obligation to enforce Article 325 TFEU and disapply the statutes of limitations periods, imposed upon national courts in Taricco I, to the extent that the ICC could decide that the considerations of effective judicial protection and legal certainty preclude in general the disapplication of statutes of limitations periods.

According to the Court, this principle imposes a legal obligation upon EU Member States to act for the benefit of other Member States even when such actions are not in their own interest (para. 291 of the Judgment).

For example, if the party receiving alimony decides to get remarried, the Arizona court has a legal obligation to terminate any remaining alimony payments, unless both parties agreed in the alimony order that the remarriage of the spouse receiving the alimony payments would not have those payments terminated upon remarriage.

Failure to Include an Issue in a Pretrial Statement In Arizona, a divorced individual with a spousal maintenance obligation can ask the court for a modification if there are significant changes to their circumstances and their ability to cover the agreed upon amount financially.

Turning to the substance of the case, the General Court held that the obligation to state reasons for an act adversely affecting a person constitutes an essential principle of EU law and may only be derogated from for compelling reasons touching upon the security of the Union or its Members.

Certainly the NAACP, as I understand its position before this Court, denied that it had managed or controlled the litigation which it had urged its members or others to bring, disclaimed any desire to do so, and denied any adverse effects upon its operations if lawyers representing clients in school desegregation or other litigation financed by the NAACP represented only those clients and were under no obligation to follow the dictates of the NAACP in the conduct of that litigation.

The Family Court will investigate, upon application of the party concerned, to see if an obligation is performed, and if not, admonish and facilitate the other party (obligor) to perform it.

In case the obligation is not performed, upon application of a party, the Family Court may issue a performance order if the obligation is concerning property rights.

Although the general procedure (dealt in the District Court) of compulsory execution is available for the enforcement of performance of obligations decided upon or agreed upon in the disposition of family affairs cases, the Family Court has power to take, upon application of a party (obligee), certain measures for ensuring the performance of such obligations.

This has led the Court to conclude that individuals may not rely upon its provisions in proceedings against other individuals since directives can not in itself impose obligations upon individuals (no horizontal direct effect).

You should be aware; however, there are many exceptions to the ruling in the Leathers v. Leathers case that center upon obligations the trial court is required by law to rule on.

Thus, it concluded, investors could not have relied upon the banks and brokers» failure to disclose publicly the nature of the Enron scheme in which they allegedly took part... Making third parties liable in the circumstance in this case, the Circuit Court said, «gives rise to confusion about the extent of secondary actors» obligations and invites vague and conflicting standards of proof in divers courts.»

Referring in the process to an earlier case on a similar matter (Twoh International), the Court then examined the Directive and concluded that the Directive aimed mainly at the coordination of the transfer of information between tax authorities of the Member States and did not address individuals, neither conferring rights upon them as taxpayers nor imposing any obligation on the tax authorities to consult taxpayers (para 36).

It also gives an example where a court found that» [e] ven where need is established, if the other spouse does not have the ability to pay, it is an abuse of discretion for a court to impose such an obligation upon one of the destitute parties which will hang as a sword over the obligor».

In conclusion, the Court held that the Appeals Officer's ruling «demonstrated sensitivity to preserving the broad nature of the employer's obligation to ensure health and safety of its employees without placing obligations upon the employer that the latter would be unable to fulfill.»

We also include a short review of a recent decision of the Ontario Court of Appeal that underscores the importance of having properly drafted employment contracts if you are trying to limit your obligations upon termination to an employee's Employment Standards Act, 2000 minimum entitlements.

The obligation to provide information regarding further review and appeal was commented upon by Martin J. in the Court of Queen's Bench in the case of Yuill v. Worker's Compensation Appeals Commission 2016 ABQB, 369.

«A plain reading of the quoted portion of the funding agreements demonstrates that the use of the phrase «shall receive nothing» in conjunction with «no associated obligation to pay» means that the requirement of repayment is completely contingent upon the recovery of proceeds from the related legal claims,» the Court of Appeals wrote.

None of the provisions of Title V of Part Three of the Treaty on the Functioning of the European Union, no measure adopted pursuant to that Title, no provision of any international agreement concluded by the Union pursuant to that Title, and no decision of the Court of Justice of the European Union interpreting any such provision or measure or any measure amended or amendable pursuant to that Title shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the Community or Union acquis nor form part of Union law as they apply to Denmark.

A full contingent of five judges sitting at the Ontario Court of Appeal unanimously ruled that where an employment agreement provides for a stipulated sum upon termination without cause, and is silent as to the employee's obligation to mitigate, the employee will not be required to mitigate.

Finally the court will not exercise jurisdiction if the order would be of no effect in situs (where the property is located)... The mere fact, however, that the lex situs would not recognize the personal obligation upon which jurisdiction is based will not be a bar to the granting of the order.

Also, more legalistically, the court declined to comment on the correctness of Nelson v Carillon Services [2003] EWCA Civ 544, [2003] IRLR 428 (on burden of proof) and Armstrong v Newcastle upon Tyne NHS Trust [2006 -RCB- IRLR 124, [2005] All ER (D) 341 (Dec)(on when an obligation to justify arises in the first place).

Lord Rodger relied upon Bankovic v Belgium (Application 522507 / 99)(2001) 11 BHRC 435, where the Grand Chamber of the European Court of Human Rights (ECtHR) held at para 65 that the scope of Art 1 is «determinative of the very scope of the contracting parties» positive obligations and, as such, of the scope and reach of the entire convention system of human rights» protection» and «article 1 of the convention must be considered to reflect this ordinary and essentially territorial notion of jurisdiction, other bases of jurisdiction being exceptional and requiring special justification in the particular circumstances of each case».

The court noted that the secretary of state in these provisions is the same one upon whom obligations are placed by NHSA 2006, s 3.

[20] The companies» obligations under this agreement apply regardless of whether the Indigenous parties obtain a determination of native title from the court and are not dependent upon the native title party establishing native title over the Licence Area or obtaining a determination of native title.

The custodial parent has an obligation to provide disclosure: Similar obligations to disclose financial information prior to commencement of court action are placed upon recipients of child support where a child support order has provided for special or extraordinary expenses, where undue hardship was invoked, where unusual debt loads were considered, where special custodial arrangements were in place, or where incomes are over $ 150,000.00.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.

While an agency relationship does impose certain obligations upon the parties, courts also look to all aspects of the relationship to determine whether there has been a breach of fiduciary duty.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission