Sentences with phrase «reasonably in contemplation»

Further, recent decisions of the English courts concerning the law of privilege (for instance, in relation to the identity of the client (for the purposes of legal advice privilege), [26] and when litigation is reasonably in contemplation (for the purposes of litigation privilege, in the context of a criminal investigation)[27] point towards a more restrictive interpretation of the scope of the protection that it offers.

Second, even if a prosecution had been reasonably in contemplation, none of the documents had been created with the dominant purpose of being used in such litigation.

The test for litigation privilege is that the litigation must either be in progress or reasonably in contemplation at the time of the creation of the document or communication for which the protection is to be sought.

Not exact matches

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

Such loss «as may reasonably be supposed to have been in the contemplation of both parties» (Alderson in Hadley v Baxendale [1843 - 60] All ER Rep 461) treats remoteness as an allocation of risk between the parties.

The Supreme Court of Canada stated in Honda Canada Inc. v. Keays.1 that an award of moral damages is based on the principle, articulated in Hadley v. Baxendale, 2 that damages are recoverable for a contractual breach if the damages are «such as may fairly and reasonably be considered either arising naturally... from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties».

The judge found that for the purpose of a claim to litigation privilege where criminal proceedings are said to have been contemplated, the party claiming privilege must have uncovered evidence of wrongdoing (so as to reasonably contemplate prosecution, rather than an investigation) before proceedings could be said to be in reasonable contemplation.

The answer seems to be — persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.