Sentences with phrase «requirements at common law»

The two basic requirements at common law for a derivative action are: - that the alleged wrong or breach of duty is one that is incapable of being ratified by a simple majority of the members; and - that the alleged wrongdoers are in control of the company, so that the company, which is the «proper claimant» can not claim by itself.

Even where the employer has met these statutory minimums, the dismissal could still be considered wrongful if the notice provided is not reasonable in accordance with notice requirements at common law.

Not exact matches

I could not have fulfilled the requirements of my state law by adopting the Common Core because the people of Texas didn't get a seat at that table.

Generally, legal requirements regarding spousal and child support are the same, provided a couple has been living common - law for at least two years (three in some provinces).

Justice Cromwell had analogised the standard to establish Aboriginal title to the requirements for general occupancy at common law, requiring an actual entry and actions from which an intent to occupy land could be inferred.

He gave a bravura display of the forensic powers of a common law judge at the top of his game: the European Court, he argued, began a line of authority with a decision where it «gave no explanation»; had no requirement to say anything («it was not a rule that was relevant to the facts of the case»); and heard no argument.

The Court of Appeal held that it was appropriate, in what was likely to be an extremely narrow band of cases and by way of an additional common law qualification or exception to the inviolable nature of legal professional privilege, to impose a requirement that particular individuals could be present at client — lawyer discussions if there was a real possibility that the discussions were to be misused for a purpose and in a way involving impropriety amounting to an abuse of the privilege that justified interference.

Similarly, someone who obtained a marriage license or met the requirements of a common law marriage at a time that their supposed spouse was divorced when in fact a decree of divorce was never obtained, might be a putative spouse.

The actual malice requirement in that case is generally considered an anomaly at common law, and was expressly rejected by the SCC in Hill v. Church of Scientology of Toronto,

It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguards.

Although this requirement may, at times, add to the cost of criminal prosecutions, it firmly entrenches the common law right of the accused to fully answer the charges against him, thus reducing the risk of wrongful convictions.

While the division of views in the Supreme Court in Edwards might create difficulty in addressing the question of how that intention is to be divined the soundness of introducing a requirement in dismissal cases for an express contractual agreement permitting common law damages, as envisaged by Lords Dyson, Wilson and Mance was, at the very least doubted by Lords Phillips, Kerr and Walker and Lady Hale.

A Look at Associate Hours and at Law Firm Pro Bono Programs (NALP Bulletin, April 2010)-- While billable hour expectations have inched up over the years, analyses based on NALP's 2009 - 2010 Directory of Legal Employers show that a requirement of 2,000 billable hours per year is still not typical, and although it is not possible to track changes at individual firms and offices, a requirement of 2,000 hours has become only slightly more common on an aggregate basis.

We are as familiar with the requirements of proving deceit at common law as with equitable relief for breach of fiduciary duty, including secret profits and bribes.

[30] Justice Sackville noted, at Jango v Northern Territory (No 2)[2004] FCA 1004, para [33], that Federal Court authority supports the view that Section 79 of the Evidence Act 1995 (Cth) does not impose the «basis rule» that exists at common law — the «requirement that for an expert's opinion to be admissible, it must be based on facts stated by the expert and either proved by the expert or assumed by him or her and proved [from another source]».

Because there is a requirement that the rights and interests be recognised at common law, the relevant normative system must have had «a continuous existence and vitality since sovereignty».

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