He may have a duty of care to that third party whether or not the third party
relied on that undertaking.
He should have a duty of care to that third party, whether or not the beneficiaries
relied on that undertaking.
Not exact matches
In making compensation determinations, the compensation committee has not
undertaken any formal benchmarking or reviewed any formal surveys of compensation for our competitors but has instead
relied primarily
on its general knowledge of the competitive market for executive talent, including in our industry.
While one can utilize various recommended asset balances from a brokerage like 50/40/10 (stocks, bonds, cash) or
rely on rules of thumb like «subtract your age from 100 to ascertain a percent of assets that should be in stocks,» investment allocation should be a more introspective
undertaking.
As a non-profit, private philanthropic organisation, they
rely on private donations to fund their work — currently being
undertaken by 140 scientists.
I want to add to this list my own expressions of thanks to those who made what might have been a difficult
undertaking a rewarding one instead: Ruth Hopewell, who gave me the privilege of editing the book and consistently aided me in doing so; the Directors of Auburn Seminary, who granted a generous leave for my work
on the project in Atlanta; Jim Waits and Elizabeth Smith, who anticipated everything I would need for the work to be done comfortably and efficiently; Lurline and James Fowler, who provided housing and friendship; Channing Jeschke, Candler's librarian, who made available and helped to arrange Hopewell's books and papers; Brooks Holifield, who worked with me
on the last and knottiest problems in the text; and David Kelsey,
on whose encouragement and sagacity I
relied heavily when my assignment seemed most formidable.
[10] The former would be a profession
relying on technical rationality to rationalize the holy that is a-rational, which sounds like a fruitless
undertaking; the latter would be a «sacramental person» mediating God's presence.
«In the longer term we must push the EU into rebuilding a scheme to rescue migrants in the Mediterranean — we shouldn't have to
rely on the heroic work of charities to
undertake this basic humanitarian task.
Critics also complained that no proper consultation had been
undertaken on the drug, despite the Home Office
relying extensively
on comments from those within the Somali community demanding a ban.
«The fact that you and your agents at the Thruway Authority have still not released a full financing plan — and instead are
relying on a secret piecemeal fiduciary strategy in this massive public
undertaking — raises concerns of great magnitude for me,» Perkins wrote.
The technology, part of an 18 - month, $ 2.4 million Defense Advanced Research Projects Agency (DARPA)
undertaking,
relies on electroencephalography (EEG) to detect the cascade of neural firing patterns in your brain when you spot something novel or interesting, even if you're unaware of it.
More to the point, few of these studies have yet to be replicated, and most of them
rely on a handful of unrepresentative people (US undergrads) who are asked to
undertake the kind of lab - controlled tasks that usually share a questionable (at best) relationship with real world activities.
Because the large majority of recordings from taste nerves in the past have
relied on such anesthetics, reexamination of single - fiber specificity in the system should be
undertaken with nonbarbiturate anesthetics.
Online dating can be a complex
undertaking,
relying on directness and the ability to capture attention through witty interactions.
Each excursion you
undertake presents you with a huge palette of tactical and combat options, such as silent melee takedowns and
relying on sniper companion Quiet to gun down enemy patrols before they even realize you're there.
The game
relies on a missed based structure where you
undertake a mission that is set
on a fixed location.
In our view, people tend to
rely on shortcuts when making assessments of public institutions, as they have neither the time nor the inclination to
undertake full - scale, careful assessments of their own.
For example, the Agencies may
rely on the findings and determination from a consultation that occurred between a State agency and the State Historic Preservation Officer (SHPO)
on the effects of a potential Federal
undertaking on a historic property that occurred prior to the Agency's involvement without re-initiating Section 106 consultation.
As such we
undertake our own rigorous analysis and form our own independent views rather than
rely on external ratings agencies to make this assessment.
The Flexible Income Fund
relies on the Fund manager to
undertake a careful analysis to determine the creditworthiness of the issuers of rated debt (
on debt ratings by Moody's Investors Service, Inc., («Moody's) or S&P Global Ratings, («S&P»)-RRB-, as well as the issuers of debt not rated by Moody's or S&P.
A fundamental part of the artist's practice is influenced by the collaborative building process
undertaken by dwellers of improvised urban settlements around the world — favelas, barrios, slums, or shanti towns — who
rely on recycled and scavenged materials to ingeniously, but often precariously, respond to their rapidly changing living situations.
It's become clear to me that it is not possible to
undertake independent research in any area that touches upon climate change if you have to make your living as a professional scientist
on government grant money or have to
rely on getting tenure at a university.
Much of the spin doctoring and public opinion shaping strategies
undertaken by the climate science attack dogs
relies on getting their message out past their «audience bubble.»
And, given that Livent had no right to
rely on Deloitte's representations for a purpose other than for which Deloitte
undertook to act, Livent's reliance was neither reasonable nor reasonably foreseeable.»
However,
undertakings can only
rely on those expectations if the following minimum requirements are met: it must concern decisions by NCA's or courts which have the power to apply EU competition law (note para. 88 here), the decision must be based
on all relevant information, the decision must not be manifestly incorrect, and the
undertaking must act in good faith (para's 87 - 96).
If an
undertaking relies, in good faith,
on — ultimately incorrect — advice provided by its legal adviser, this must have a bearing in cartel proceedings for the imposition of fines.
Basically, the
undertaking must
rely in good faith
on the legal advice: «if the facts justify the assumption that the
undertaking relied on a legal opinion against its better judgment or that the report was tailored to the interests of the
undertaking, the legal advice given is irrelevant from the very outset in assessing fault for an infringement of the rules of European competition law» (para. 62).
He
relied on the Court of Appeal decision in Clibbery v Allen and submitted that financial and other personal information, when disclosed pursuant to the duty to give full disclosure, must not be reported when referred to at a hearing because of the existence of an implied
undertaking not to use such documents for any purpose other than for the proceedings.
He cited the 1894 decision and pointed out that only 2 members of the House of Lords approved of this in Duff (ibid), although the Court of AppeaI in Kahan (ibid)
relied on three of the speeches in Duff and held that there was no submission to the jurisdiction of the court in the absence of an
undertaking given to the court at the time when the other party asked the court to exercise jurisdiction over it.
On 21 October 2016, at the insistence of the Claimants, the KRG undertook, in a letter from Wilmer Hale: «neither to assert nor to rely on any of the grounds relied on as the basis of its s. 68 application in any subsequent proceedings whatever relating to the award, whether in this jurisdiction or anywhere else in the world, and whether in relation to the enforcement of the award or otherwise in relation to the award, without the permission of the English Court»
On 21 October 2016, at the insistence of the Claimants, the KRG
undertook, in a letter from Wilmer Hale: «neither to assert nor to
rely on any of the grounds relied on as the basis of its s. 68 application in any subsequent proceedings whatever relating to the award, whether in this jurisdiction or anywhere else in the world, and whether in relation to the enforcement of the award or otherwise in relation to the award, without the permission of the English Court»
on any of the grounds
relied on as the basis of its s. 68 application in any subsequent proceedings whatever relating to the award, whether in this jurisdiction or anywhere else in the world, and whether in relation to the enforcement of the award or otherwise in relation to the award, without the permission of the English Court»
on as the basis of its s. 68 application in any subsequent proceedings whatever relating to the award, whether in this jurisdiction or anywhere else in the world, and whether in relation to the enforcement of the award or otherwise in relation to the award, without the permission of the English Court».
«any action
undertaken for reasons of safety, security or public protection that
relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than
on reasonable suspicion, to single out an individual for greater scrutiny or different treatment» (OHRC, Paying the Price: The Human Cost of Racial Profiling, 2003, p. 6).
Co-sourcing
relies on [outside] service providers creating dedicated teams within their own organisation to
undertake the work for each specific client, working as an extension of the firm's remaining office function, rather than as a completely outsourced substitute, with little or no contact.
If an agreement about the children can't be reached, in Step Three, the counsellor
undertakes a parenting assessment that becomes part of the court record and will be
relied on if the matter must go to trial.
The official guidance is in IRS Publication 535, but a determinination takes into account lots of different factors, such as: how much time and effort goes into the
undertaking; whether the taxpayer
relies on the income for basic expenses; whether the...
The Plan Participant agrees that the Trustee shall be entitled to
rely on and to act in accordance with any written instruction purported to be provided by the Plan Participant and the Plan Participant hereby
undertakes to indemnify and hold harmless the Trustee against any loss or damage (including attorneys fees) occasioned by the Trustee acting in accordance with any such instruction.
If you're newly qualified, you may have to
rely on the skills gained during any internships you might have
undertaken.
Because I work in a field that
relies heavily
on short - term and freelance work, it can be a huge
undertaking to do this for every gig.
In finding that the broker had interfered with a «contractual and otherwise advantageous relationship, the Massachusetts Appeals Court
relied on: (i) Restatement (Second) of Torts, Sections 767 and 768 (1)(b); (ii) Articles 7 (Rev. Article 1) and 12 (Rev. Article 5) of NAR's Code of Ethics («to treat fairly all parties to the transaction» and not to «
undertake to provide professional services concerning a property... where he has a present or contemplated interest unless such interest is disclosed to all affected parties.»)