Sentences with phrase «ordinary principles of»

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.

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.

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.»

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.

«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.»

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.

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.

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.

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.

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.»

Not exact matches

Although the machines involved are extraordinarily dangerous, the moral principle governing their use is perfectly ordinary: It is the familiar one that human beings should engage in an activity that poses dangers to others only if, in the totality of the circumstances, doing so is reasonable» i.e., if the good to be achieved, taking account of the probability of success, is proportionate to the possible ill effects.

The technically most advanced electrostatic copying machine, which operates with ordinary paper — which can not that is to say, be supervised and is independent of suppliers — is the product of a monopoly (Xerox); on principle it is not sold but rented.

At the beginning, a physical organism, whose life - principles were breath and blood, whose mental and emotional experiences were the functions of bodily organs, the ordinary man was submerged in the corporate mass of his tribe, without individual status, separate hopes, personal rights, or claim on divine care apart from the group.

Because of God's transcendence it would be mythological to refer to God's action in terms appropriate only to objects available, in principle at least, to ordinary sense perception.13 This especially means that one can not speak of God in terms of the categories of time and space; 14 i.e., whatever is predicated of God can not apply only to some particular time and space, but must apply equally to all times and spaces.15 Thus the implication of Ogden's criterion for non-mythological language about God corresponds to his statement of several years ago, that «there is not the slightest evidence that God has acted in Christ in any way different from the way in which he primordially acts in every other event.

God, after an, did not assume the guise of a remote Rabbi who simply declared the principles of eternal truth, but in the Son he compassionately entered into the life of ordinary people and declared to them what God's Word meant to them.

The account of God which seems most compatible with Whitehead's categories, and which is presented in detail by Christian, was shown to involve incoherence in that it explains how ordinary temporal actual entities can experience the past as given but includes no account which shows how God can experience the past without making God an exception to the principles of the system, a deus ex machina.

Of course, this «more» to human and cosmic reality need not be transcendent in any sense other than «beyond»: beyond our present ordinary awareness and knowledge, perhaps in principle beyond purely scientific avenues of knowledgOf course, this «more» to human and cosmic reality need not be transcendent in any sense other than «beyond»: beyond our present ordinary awareness and knowledge, perhaps in principle beyond purely scientific avenues of knowledgof knowledge.

Applying these principles, we seem to get a propulsive force into our logic which the ordinary logic of a bare, stark self - identity in each thing never attains to.

Yet God is not only the supreme irrationality (as Whitehead said) in that deity can not be «explained» in terms of ordinary concepts — although deity can be seen as what Whitehead styled the «chief exemplification» of the principles required to interpret things.

For him Whitehead implicitly works with two different kinds of explanation: the «causal» or «ordinary» kind of explanation appealing only, in agreement with the ontological principle, to actual entities, and an «ultimate explanation,» which appeals to the principle of creativity and not to specific actual entities (221).18

According to Descartes, «It is so evident that we are possessed of a free will that... this may be counted as one of the first and most ordinary notions that are found innately in us... [W] e are so conscious of the liberty and indifference which exists in us, that there is nothing that we comprehend more clearly and perfectly» (Principles of Philosophy 39, 41).

Robert T. Miller examines the morality of using unmanned robotic drones: Although the machines involved are extraordinarily dangerous, the moral principle governing their use is perfectly ordinary: It is the familiar one that human beings should engage in an activity that poses dangers to others....

For physical science you have in these lives merely ordinary examples of the operation of the principles of physiological chemistry, and of the dynamics of nervous reactions: for religion you have lives of the most profound significance in the history of the world.

Because the new regime was not erected by any ordinary process of amendment, referendum, or ratification, in principle the people still may alter it through their elected representatives.

Yet even in the period of imperial patronage, when the ordinary courts themselves came to reflect Christian principles, bishops continued to enlarge the judicial aspect of their office.

The sacred is not in the sky, the place of transcendent, abstract principle, but rather is based on this earth, in the ordinary dwelling places of our lives, in our gardens and kitchens and bedrooms.

Each project includes instructions on how to conduct the experiment at home using ordinary toys and household items as props, an easy - to - understand explanation of the experiment's significance, and suggestions on how parents can incorporate these principles into their interactions with their child.

While the author takes most of the book giving background instead of solutions, the principles in the book aren't different or out of the ordinary.

You were recently invited to talk about the principle of Magma Carta on a BBC programme which was broadcast live across the globe.The right to personal freedom means that no man may be punished, imprisoned, or coerced, except for breach of the law proved in a legal manner before an ordinary court, and this right flows directly from the provisions of Magma Carta, the Petition of Right, 1628, and the Bill of Rights, 1968.

In political theory in particular it's inescapable: we need to abstract from the flux and thick texture of ordinary life in order to highlight the tendencies and generalities that enable the formulation of democratic principles.

These include the introduction of territorially autonomous regimes that can be formed without the need to have been part of other pre-existing political - administrative divisions, but on the bases of ethno - cultural features; the recognition of community justice as parallel and coexistent with ordinary justice, exercised by the «native indigenous peasant nations and peoples» authorities according to their principles, cultural values, norms and proceedings» (Art. 199); and the consolidation of a system of collective land titling following ethnicity - based criteria.

Central to this model are the principles of random selection and deliberation: the idea that a diverse body of ordinary citizens, chosen on a near - random basis so as to be descriptively representative of the citizen population, are willing and able to deliberate and make recommendations on constitutional questions.

The deciders believed that these principles of «natural law» are not changeable by ordinary humans.

It's normal for lawyers and others to ask questions whether the Supreme Court's decisions follow a legal pattern: that is, do the Court's decisions conform to legal precedent, ordinary norms of legal reasoning, and established constitutional and legal principles.

The thing is, lots of people confuse the principles of HIIT sprinting with the principles of ordinary cardio and this is where they get it wrong.

But the more our daily toil and struggle in the sloughs of ordinary human existence and human suffering increased, and the more our journey within in the fearful paradoxicality of everyday life contrasted with the neat and seemless principles of neoliberal logic of privatization, the more rational Marxism sounded to me.

This approach is that ordinary run - of - the - mill online questions can evolve into learning interactions that are motivating and engaging by applying just a few very basic principles.

«The various AQA English specifications have as their spine texts - To Kill a Mockingbird, Of Mice and Men, The Crucible, An Inspector Calls - where ordinary but principled people stand up for social justice at whatever cost.

Amazon's selection of Kindle Daily Deals includes The Starbucks Experience: 5 Principles for Turning Ordinary Into Extraordinary by Joseph Michelli for $ 1.99.

And it involves the same kinds of principles that I think most of us would employ in our ordinary lives anyway.

Ordinary income and capital gain distributions are determined in accordance with federal income tax regulations, which may differ from accounting principles generally accepted in the United States of America.

In the book Team Dog: How to Train Your Dog — the Navy SEAL Way, one of our top dog training books, former US Navy SEAL operator Mike Ritland shares with us his experiences working with some of the finest canine units of the US military and how these principles can be easily applied in the training of pooches for ordinary households.

Felix Gonzalez - Torres lived and worked resolutely according to his own idealistic principles, combining elements of Conceptual art, Minimalism, political activism, and poetic beauty in an ever - expanding arsenal of media, including public billboards, give - away piles of candy and posters, and ordinary objects — clocks, mirrors, light fixtures — used to startling effect.

But, CGSB's own performance showed that those phrases can not fulfill their intended purpose as to guaranteeing the reliability of its records and records management in relation to its part in the creation of a national standard that should be used to dictate the principles and practices as to what should be an organization's «usual and ordinary course of business,» as to its ERMSs «operating properly,» in relation to its records management and control.

The landmark decision in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98, [1998] 1 WLR 896, signalled the simplicity of the test that in matters of construction the courts were concerned to ascertain the «meaning which the document would convey to a reasonable person» (ie an objective test) by applying «the common sense principles by which any serious utterance would be interpreted in ordinary life».

It was argued on behalf of the landlords that the salvage principle was not restricted to sums falling due only after the date of the administrator's appointment and that the principle required that as a matter of common sense and ordinary justice, the landlords receive payment of the disputed rent and other sums due, in full, for the period in which the administrator occupied the premises for the purposes of the administration.

At the first stage, the court considers whether it would have granted a costs order on the ordinary (r 44.3) principles; then — even if those factors point overwhelmingly in favour of awarding costs — it goes on to decide whether a pro bono costs order is appropriate.

The principles barriers to the intelligibility of a particular law are, in my view, are excessively involuted sentence structure, the use of language other than in its plain or ordinary sense, and recursive drafting techniques that require the reader to interpret one section by reference to another.

The tribunal held that all of the evidence pointed to the conclusion that Mr Beacon was carrying on a trade at the villa of a letting business to guests during the relevant years in accordance with ordinary prudent business principles.

In one early Charter decision, Re B.C. Motor Vehicles Act, 28 a unanimous Supreme Court used the living tree doctrine to expand the ordinary meaning of the phrase «principles of fundamental justice.»