Sentences with phrase «remedies at common law»

The Disclosure Act «applies to, regulates and determines rights, duties, obligations, and remedies at common law or otherwise of the seller, real estate licensee, and purchaser with respect to disclosure of defects in the property and supplants and abrogates all common law liability, rights, duties, obligations and remedies therefore.»

Not exact matches

13.4 If the the World Photography Organisation is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Entry

One commentator describes the oppression remedy as «the broadest, most comprehensive and most open - ended shareholder remedy in the common law world»: S. M. Beck, «Minority Shareholders» Rights in the 1980s», in Corporate Law in the 80s (1982), 311, at p. 3law world»: S. M. Beck, «Minority Shareholders» Rights in the 1980s», in Corporate Law in the 80s (1982), 311, at p. 3Law in the 80s (1982), 311, at p. 312.

In the FCA's view, the remedies available to adjudicators to reinstate employees and / or to order employers «to do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal» are over and above the old remedies available at common law, but do not support the theory that dismissals can only be with cause.

A cause of action is available at common law for money paid under a mistake of law, and the court has jurisdiction at common law to award compound interest where the claimant seeks a restitutionary remedy for the time value of money paid under a mistake.

And this is what I understand to be the meaning of our lawyers, when they say that these civil corporations are liable to no visitation; that is, that the law having by immemorial usage appointed them to be visited and inspected by the king their founder, in his majesty's court of king's bench, according to the rules of the common law, they ought not to be visited elsewhere, or by any other authority.53 And this is so strictly true, that though the king by his letters patent had subjected the college of physicians to the visitation of four very respectable persons, the lord chancellor, the two chief justices, and the chief baron; though the college had accepted this carter with all possible marks of acquiescence, and had acted under it for near a century; yet, in 1753, the authority of this provision coming in dispute, on an appeal preferred to these supposed visitors, they directed the legality of their own appointment to be argued: and, as this college was a mere civil, and not an eleemosynary foundation, they at length determined, upon several days solemn debate, that they had no jurisdiction as visitors; and remitted the appellant (if aggrieved) to his regular remedy in his majesty's court of king's bench.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories