Sentences with phrase «ordinary principles»

Last time I posted, I argued that under ordinary principles of statutory interpretation, the statute can plausibly be read to permit legislatures to «apply» for education funds, and almost certainly to apply for federal unemployment subsidies.

What [he] did not understand was that this amount — $ 29,000 per month — and the indefinite duration during which it would be paid — were greatly in excess of [the wife's] entitlement under ordinary principles of family law,» the judge wrote.

Underhill P noted that if employer and employee are jointly liable, on ordinary principles there is no basis for apportionment.

As such, the Court held that the respondent would be liable for the violation of the Technical Requirements, para 3.2.2.2 The Court concluded that, applying ordinary principles of contractual interpretation, the Technical Requirements are not too weak a basis on which to rest a contention that the respondent had a liability to warrant that the foundations would survive for twenty years or would be designed so as to achieve twenty years of lifetime.

In its cert petition Samsung already told the Supreme Court that «Congress could not have intended design - patent damages, alone among all forms of intellectual - property remedies, to be exempt from ordinary principles of causation and proportionality.»

The Supreme Court unanimously dismissed the appeals, holding that their approach must be based on the legislation as it stands, since there has been no challenge to the legality or rationality of the rules and regulations, using ordinary principles of statutory interpretation.

The U.S. Supreme Court has emphatically reaffirmed the requirement that collective bargaining agreements must be interpreted according to «ordinary principles of contract law» when deciding whether retired employees are entitled to health care benefits, according to a post by Foster Swift Collins & Smith PC.

Also, seeing as seniors don't precisely withstand to ordinary principles, there have been various circumstances in which a man more than 50 from the US would start contact with a potential friend through correspondence from, say, South Korea.

For Scalia, the proper response to a mistaken or outmoded precedent was not necessarily to overturn it but to stop expanding it, narrow it whenever possible, and thus «revert to the ordinary principles of our law.»

His principal purpose was to distinguish the extraordinary measures necessary for dismantling Jim Crow in the 1960s and 1970s from the «ordinary principles of our law, of our democratic heritage, and of our educational tradition.»

The legal principle was emphasized that there were no press offenses as such; and that the acts of persons using the press as an instrumentality were to be adjudged by the ordinary principles of the criminal law.

Under the old regime, the court has been empowered to reopen a consumer credit agreement — despite the amount of credit provided — where the required payments were grossly exorbitant or otherwise contravened the ordinary principles of fair dealing.

Against this statutory language, Lord Neuberger considered it to be clear that a lessee under a lease which includes the flat and other premises is a qualifying tenant, «according to the ordinary principles of interpretation», unless there is any clear indication to the contrary.

Of course, those damages will still be assessed with reference to ordinary principles of law, including causation, foreseeability, remoteness and mitigation and what amounts to payment within a «reasonable time» will depend on a number of factors to be determined on a case by case basis.

«The reconciliation of the terms, and the determination of their combined effect must, of course, be decided by reference to ordinary principles of contractual interpretation (as recently discussed in Wood v Capita Insurance Services Ltd [2017] 2 WLR 1095, paras 8 to 15 and the cases cited there), and therefore by reference to the provisions of the particular contract and its commercial context.»

The Court of Appeal held that, although an agreement pursuant to which R bet as A's agent using A's money was void under the Gambling Laws, if R misappropriated A's money for his own purposes, A was entitled to recover it under the ordinary principles of restitution.

The better course, therefore, is for this court to decide what that section means according to the ordinary principles of statutory construction.

The majority of the Court of Appeal held this practice amounts to a separate system of legal rules unaffected by the ordinary principles of property and company law.

To that extent, starting at para. 45, the majority applied the ordinary principles of statutory interpretation to find that the board's statutory authority to «change» an assessment includes the authority to «increase» the assessment.

Silber J considered that the correct approach to compensation for loss caused by unlawful discrimination should be to follow the ordinary principles of tort.

Compensation for loss caused by unlawful discrimination follows the ordinary principles of tort.

Neither the invocation of Scripture nor the invention of a fictitious oracle on the Underground (not even its Australian equivalent) authorises a court of law to depart from the ordinary principles governing the recovery of damages for the tort of negligence.

Item 73 is discriminatory and inconsistent with the ordinary principles governing the judicial discretion to summarily dismiss proceedings.

For these reasons they are discriminatory and contrary to the ordinary principles according to which judicial discretion may be exercised.

If a new basis for summary dismissal of native title applications is to be enacted, it should be consistent with the ordinary principles governing the judicial discretion.