Sentences with phrase «of implying a contract»

If he wishes to treat his workmen according to their need, rather than according to the letter of an implied contract, that is entirely his business.

However, just to be on the safe side, as a Slaw columnist, I am giving the Administrator notice that I insist that my remuneration be doubled immediately, before the terms of our implied contract can be amended against my interests.

Achieved dismissal of hostile work environment, retaliation and breach of implied contract claims, and dismissal of individual defendants (President and Vice President) in discrimination / harassments case, establishing law in our jurisdiction regarding personal liability of supervisors.

«On appeal, the Ninth Circuit originally split the baby, holding for the studio on the copyright violation, but holding for Grosso on his state law claim of breach of implied contract.

Defending Caltech against allegations of retaliatory termination and breach of implied contract.

Both decisions provide a restrictive interpretation of the test set out in the Court of Appeal's decision in Dacas v Brook Street Borough (UK) Ltd [2004] EWCA Civ 217, [2004] All ER (D) 125 (Mar) on the issue of implying a contract of employment between a worker and end user in a tripartite employment agency arrangement.

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized

Thus, the court found a breach of an implied contract and awarded Buyer $ 15,600 in compensatory damages and $ 15,000 in punitive damages.

Not exact matches

And if, as Daoust seems to imply, the key reforms have already been implemented, a prohibition on federal contracts would be baldly punitive, a form of punishment for its own sake.

This implied yield can be found by subtracting the contract's price from 100 (for example, a price of 99 would imply a rate of 1 percent).

The December Fed funds futures contract has an implied yield of 0.5 %, the highest since June 2.

Last week, the December contract was priced at 98.99, for an implied yield of 1.01.

Still, the sudden slide means implied volatility — a measure of expected swings priced in options contracts — has soared.

You can see this in the recent trading patterns of the S&P 500 and the implied rate of the Fed Funds futures contracts.

The implied volatility from a currency option is a measure of the variability that the market sees in future movements in the exchange rate over the life of the option contract.

Like the words «pact» and «treaty,» «covenant» and «contract» imply a mutuality of will that would seem to undermine Novak's previous contrast between ineluctable community and agreed «upon society (perhaps this is another reason for the quasi «religious adherence of so many secular Jews to the «naked public square»).

Second, they are implying that they have entered into a covenant with God which unconditionally binds the party of the second part to the terms of the contract.

Governance (which, as explained in my previous piece, implies the deconstruction of modern - style government, of the social contract and of the value of representation): Africans want to be treated as equals; they are not sure that «democracy» is the way to go: democracy tends to break their traditions and so far hasn't delivered order and socioeconomic progress.

Though the legitimacy of the distinction is contested, administrative subordination need not - and in many daily social contracts does not - imply essential inferiority.

So that is twice that Wenger mentioned the figure of 18 months, but that would imply that he is willing to cntinue trying to extend their contracts in the final year of their current deal.

If you are implying it is Wenger then check the transfers so far and how our CEO along with head of recruitment along with chief contract negotiator was in Dortmund presumed to be working on Auba.

Employment contracts are based on the implied good faith of both parties.

Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you.

Mesut Ozil has this week backtracked on comments which implied he was seeking assurances over the future of Arsene Wenger before considering a new contract, and we would be relieved to see him extend his time with the club in the near future.

As originally worded, the bill implied that all provisions of a contract could remain in effect even if the union staged a strike in violation of the Taylor Law.

The Newburgh City Council stood out openly against City Manager Richard Herbek on Monday night, with three of five council members saying or implying that they would at the very least not renew his contract, which expires in January.

In addition many theoretical studies of the formation of planetary systems out of contracting clouds of interstellar gas and dust imply that the birth of planets frequently if not inevitably accompanies the birth of stars.

This implies that the dystrophin breakdown damaged the cell membranes, says Knowlton; this weakening of cell membranes allows the virus to spread, but damages the heart, because it makes the cells less resilient and less able to contract efficiently.

«Contract your quads» implies muscular engagement with the purpose of supporting the knee.

Just as a result of he has one film left on his contract doesn't imply it must be fulfilled.

An article in the July 12 issue of Education Week about the search to replace Schools Chancellor Ramon C. Cortines of New York City incorrectly implied that the previous chancellor, Joseph A. Fernandez, left office before his contract expired in June of 1993.

They compete with each other, and the implied understanding of the book contract is that the publisher was buying the exclusive licence, and not that the author could re-sell the same book to a different publisher at the same time.

Also — if you enter into a contract without a writing, and a dispute arises, a court will often imply many of the terms of that contract — and going to court is extremely expensive, which leaves most authors at the mercy of publishing houses (or courts, which isn't always better) when it comes to the contract terms.

For the first day of trading in a newly listed contract, the implied settlement price will be the most recent daily settlement for the S&P MidCap 400 futures contract whose expiration date matches that of the newly listed contract.

In the face of upward pressures on short - term interest rates, the Fed would have to contract the monetary base in an amount equal and opposite to the implied change in the deflator.

For the first day of trading in a newly listed contract expiration month, there will be an implied previous business day's settlement price, created by the Exchange for the sole purpose of establishing price limits.

For the first day of trading in a newly listed contract, there will be an implied previous business day's settlement price, created by the Exchange for the sole purpose of establishing price limits.

The prediction implies the economy will contract in the second three months of the year based on the central bank's prediction of growth at a pace of 1.0 per cent.

The implied volatility of the option contract is 30 %.

The Paradox of the Zero Bound Subpar Economic Recovery Gets Premium Market Valuation Wall Street Earnings Expectations Ignore Economic Divergences The Great Divergence An Update on International Market Valuations Business Cycles, Election Cycles, and Potential Risks An Update on Valuations and Forward Earnings Assumptions Bond Yields, Earnings Yields, and Inflation A View from the NBER Recession Indicators Three Observations on Third Quarter Earnings Forward Looking Measures Still Don't Provide Evidence for a V - Shaped Recovery This Earnings Season, Watch Sales Forward Earnings Imply a Return to Near - Record Profit Margins Without Phoenix Stocks, Volume Continues to Contract Is the Job Market Ready for a Recovery?

You can see this in the recent trading patterns of the S&P 500 and the implied rate of the Fed Funds futures contracts.

While it's always the buyer's responsibility to inspect a home to their satisfaction, «acting in good faith in the execution of a contract is an implied term,» says Rumack.

Last week, the December contract was priced at 98.99, for an implied yield of 1.01.

A front - month roll implies that a fund invests in the nearest maturity futures contract of their respective commodity.

I understand that there is no express or implied contract of employment and that if employed I have been hired at the will of the employer and that my employment may be terminated at will, at any time: and with or without cause the employer's only obligation being to pay salary or wages due and owing at the time of termination.

And because the nutrient profile is not stated or implied by the AAFCO ingredient definition, some manufacturers have specific details in their ingredient vendor contracts which may include not only the source, what can and can not be in an ingredient but specify nutrient content of that ingredient as well.

But, if the exact harm to the other party from impairing their absolute discretion or ignoring a strict reading of the contract and instead allowing an implied reasonableness term to color the meaning of the contract is material but is hard to quantify, and the consequences to the breaching party are crudely proportionate to that hard to quantify harm, then a waiver of the implied duty to be reasonable will usually be upheld as valid, as the consequences of not allowing reasonableness do not extend beyond the compensatory relief normally allowed in a contract.

It is deemed to be held together merely by a web of implied bipartite contracts between each member and every other member, and these contracts are deemed to incorporate the terms set out in the union's constitution.

Although, a contract may also be made by word of mouth or implied via conduct of both parties — however having a written contract can be used for evidential purposes.

Ginsberg sued Northwest alleging a breach of contract under the implied covenant of good faith and fair dealing.