Sentences with phrase «right at common law»

She claims that this fell far below the amounts to which she has a right at common law.

In particular, in firmly rejecting the idea that statutory duties can create independent rights at common law, Lord Reed closes off one route by which claimants might assert state actors have obligations to those harmed by the actors» careless conduct.

Given the vulnerability of the native title sea rights at common law, it is fitting and consistent with the internationally recognised rights to enjoy one's culture that native title should be provided particular protection by the legislature.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

Nevertheless, a nation should include at least such elements as common commitment to the rule of law, generally accepted limits on political power and rhetoric, belief in constitutional governance, the rights of citizens, etc..

And for the aetheist among us, or people who don't care to follow any religion at all, we have a few common sense laws for everyone to follow just to make sure that our rights don't infringe on the rights of others.

The Court's own case law shows that in order to maintain the abortion right at the level of fundamental law, many other sectors of the states» legal order, at both statutory and common law, need to be altered: family law, marriage law, laws regulating the medical profession, and, as we now see with the recent circuit court decisions, criminal laws prohibiting private use of lethal force.

And this is the problem: the measures he proposes would and could only be enforced at the cost of massive violations of human rights, and by dismantling the fragile but promising structures of technological know - how, international law, trade, and communication by which we are building up a still - feeble sense of what it means to be a single humanity on a single globe, under God and responsible for a common world.

It recommends that legislation be introduced giving the Trade Practices Commission the ability to bring proceedings on behalf of a person who has a right of action at common law arising from the unconscionable conduct of another.

As to the effect of that decree, the Court of Appeals in the Gaidry case held that the cancellation of McIlhenny's trade - mark could not affect his rights, if he, in fact, had acquired, at that time, a common law technical trade - mark; that a trade - mark, if it exists, exists independently of registration, and that cancellation does not extinguish a right which the registration did not confer, citing Edison v. Thot.

The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.

Sibling common law usually grants an older brother unilateral rights to seize possession of any toy at any time for any reason.

Even within the 18 states with anti-bullying laws aimed at protecting both sexual orientation and gender identity, and within «blue bubbles» like California, both discomfort and neglect are common, according to Vincent Pompei, director of the Youth Well - Being Project at the Human Rights Campaign, the largest LGBTQ civil rights organization in the U.S. Pompei noted that attendees at a recent training in Southern California couldn't differentiate sexual orientation from gender ideRights Campaign, the largest LGBTQ civil rights organization in the U.S. Pompei noted that attendees at a recent training in Southern California couldn't differentiate sexual orientation from gender iderights organization in the U.S. Pompei noted that attendees at a recent training in Southern California couldn't differentiate sexual orientation from gender identity.

In point of fact, we've had many disagreements of late, from Common Core to teacher evaluations, from the stacked (or not) agenda at the NewSchools shindig to whether the Elementary & Secondary Education Act (progenitor of both NCLB and ESSA) was or wasn't a civil rights law.

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

ActionAid USA African Services Committee AIDS Foundation of Chicago AIDS Taskforce of Greater Cleveland Alliance for a Just Society BAART Programs California NOW Center for Biological Diversity Center for Economic and Social Rights Center of Concern Chicago Political Economy Group Conference of Major Superiors of Men Corporate Accountability International DYNS Services EcoEquity EG Justice Food & Water Watch Foundation Earth Franciscan Action Network Friends of the Earth U.S. Gender Action Global Alliance for Incinerator Alternatives Grassroots Global Justice Alliance Grassroots International Greenpeace USA Health Global Access Project (GAP) HIV Prevention Justice Alliance (HIV PJA) HIV / AIDS Law Project Holy Cross International Justice Office Institute for Agriculture and Trade Policy International HIV / AIDS Alliance USA International Rivers Jobs with Justice Jubilee Oregon Jubilee USA Network Labor Campaign for Single Payer Labor Network for Sustainability Lifelong AIDS Alliance Main Street Alliance Marin Interfaith Task Force on the Americas, USA Maryknoll Office for Global Concerns National Nurses United National Organization for Women (NOW) NETWORK New Rules for Global Finance Nicaragua Center for Community Action Oxfam America PeterCares House PR CoNCRA Progressive Democrats of America (PDA) Raging Grannies Rainforest Action Network RESULTS Right to the City Alliance Sustainable Energy and Economy Network / Institute for Policy Studies Sisters of the Holy Cross — Congregation Justice Committee START at Westminster SustainUS Tax Justice Network USA Voices Of Community Activists & Leaders (VOCAL - NY) Wealth for the Common Good Women Together for Change, Inc. 350.

Canadian Class Actions Monitor Araya v. Nevsun Resources Ltd., 2016 BCSC 1856: British Columbia Supreme Court refuses to allow a «common law class action» alleging human rights violations at Eritrean mine

The simple act of publication of private information, where such act would be offensive and objectionable, to a reasonable person, and there is no valid public interest to override the private right of non-publication, suffices at common law for recovery of damages for emotional distress or mental anguish.

Paul Fruitman, a partner at Lax O'Sullivan Lisus Gottlieb LLP, says when you effect a settlement, you «not only have settlement privilege which is a common law right but you also have, typically, a settlement agreement that provides for confidentiality.»

It was in respect of her containment that the appellant brought an action against the Commissioner for damages at common law for false imprisonment and under s 7 of the Human Rights Act 1998 (HRA 1998) in respect of her right to liberty as guaranteed by Art 5 of the Convention.

Similarly, the sentence «This will be in accordance with the provincial legislation for the province of employment» failed to limit the notice entitlement, since the Act allows for greater common law rights and the legislative provision refers to «at least» a specified number of weeks.

Since EE's right to terminate was exercised independently of any alleged breach, its claim for damages for loss of the contract at common law therefore failed.

At common law, what was expected in these circumstances was that the attorney general would institute proceedings to uphold public rights and duties either acting ex officio or through a «relator action», ie one in which the attorney general proceeded to assert a public right on the relation of a private person or a corporation.

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.

The Supreme Court of Canada held that students are entitled to privacy in a school environment and police do not have the right to conduct searches of public spaces when the search is not authorized by statute or at common law.

My next door neighbour at Heenan Blaikie, Ryan Teschner lent me this morning a history of the Queen's Law School at 50 — «Let Right Be Done»: A History of the Faculty of Law at Queen's University by Professor Mark D. Walters I was very pleased to see 3 pages about the early days of computerized legal research in Common Law Canada, which all started at KingstonThe story of Datum / Soquij is for another day..

The 1999 SCC decision of M&H had already put the issue on the legal radar screen, and while the recognition of same - sex marriage wasn't at issue in that case (it dealt with rights as common law partners), it left little doubt as to where the court would go in the future, if need be.

A fee simple is a common law phrase denoting the highest form of private ownership, with an unfettered right of assignment and survivorship: Re Forfar and Township of East Gwillimbury, 1971 CanLII 543 (ON CA), Ferguson v. Innes, 1894 CanLII 28 (ON CA), at para. 11 (at p. 10).

(J.C.P.C. # 46, 1888) The definitions and understanding of the term «usufruct» come entirely from Civil Code — At the time there was nothing similar in Common Law, so the idea that First Nations rights were a from of «usufruct»... that provided a right of use, but not ownership, was a new, purely Canadian, idea.

In each of these situations the relevant human rights code is engaged not because of the nature of the legal relationship, or the fact that there were two legally distinct and identifiable parties at common law, but rather because the claim related to an area of activity covered by the Code and the claimant was able to show a nexus or link between him or herself, the social area and the allegedly discriminatory treatment.

The public trust doctrine has not been widely discussed in Canadian case law with the only significant mention being by the Supreme Court of Canada in British Columbia v. Canadian Forest Products Ltd., 2004 SCC 38 at para. 74 where Binnie J. acknowledged that «The notion that there are public rights in the environment that reside in the Crown has deep roots in the common law» (however, the majority decision ultimately took a conservative approach to not allow the Crown to succeed in a general claim for damages for «environmental loss» [caused by a negligently undetected controlled burn of slashing and other waste by a logging company] in the absence of a statutory scheme permitting such a claim).

Turning next to the liberty issue at stake, Rouleau J.A. found two infringements: freedom of expression under the Charter and the common law right to travel unimpeded down a public highway.

It is one of the great rights in trials at common law preserved in Part XXIII of the Code.

This despite the fact that the right to procedural fairness at common law in Canada is said to be «autonomous» of any particular statutory provision.

What's more interesting right at this very moment, however, is that CaseRails is currently being sued for everything from trademark infringement to computer trespass and common - law conspiracy by Georgia attorney Sanford -LSB-...]

What's more interesting right at this very moment, however, is that CaseRails is currently being sued for everything from trademark infringement to computer trespass and common - law conspiracy by Georgia attorney Sanford Asman.

It remains to be seen whether or not the fun - damental objection was judges taking responsibility, or a breach of fundamental human rights, if it is only the former people might wonder whether or not common law has a role to play at all if it can not radically adapt to the perils we face.

For those who haven't been following it, Vancouver - based equity partner John Michael McCormick sued Faskens under B.C. human rights law because the partnership agreement required him to retire at 65, which is common among law firms.

At issue here is the raison d'être of the European Union and the creation of an area of freedom, security and justice and, in particular, the Common European Asylum System, based on mutual confidence and a presumption of compliance, by other Member States, with European Union law and, in particular, fundamental rights.

Many students do not know how to avoid the common pitfalls when making applications to law firms because they do not have the right level of information readily available, expert guidance and support at the all - important early stages of their career.

The dismissed employee may have the right to a significantly larger termination package if the employee is entitled to reasonable notice of dismissal at common law or some other greater contractual entitlement.

Next the Court describes earlier decisions concerning the test for discrimination under human rights legislation as «common law elaborations of statute» (at para 50).

However, the use of the expressions «at will» and «a right to terminate» must not obscure the reality that the employer's right to terminate an employee without cause is a breach of contract that carries with it consequences for the employer, both under statute and at common law.

advising on practical solutions on rights and obligations on employee's rights and employer's obligations under the Employment Standards Act, 2000, and at common law;

People facing criminal charges and people facing a difficult family law matter have at least one thing in common: they need a proven attorney advocating for their rights.

Although it had no express statutory right to such an opportunity, it contended that such an opportunity was required at common law or by Article 6 (right to a fair trial) and Article 1, Protocol 1 (right to peaceful enjoyment of property) of the European Convention on Human Rights.

For the time being, the significant point is that, as noted at the beginning of this post, the reasoning of the majority in Kennedy — which emphasizes the fertility and richness of the common law as a source of fundamental rights and values — falls increasingly to be understood as part of a new stream of constitutional jurisprudence emerging from the Supreme Court.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a -LSB-...]

Fairness provided the link between the common law duty to give reasons for an administrative decision, and the right of the individual affected to bring proceedings to challenge the legality of that decision (at para 54, emphasis added).

But the Convention rights represent a threshold protection; and, especially in view of the contribution which common lawyers made to the Convention's inception, they may be expected, at least generally even if not always, to reflect and to find their homologue in the common or domestic statute law.