Sentences with phrase «trite law»

It is trite law that while an employer may be vicariously liable for the torts of his employees, he is not vicariously liable for the torts of his independent contractors.

It is trite law that Solicitor - Client Privilege applies generally to confidential communications between lawyer and client.

It is trite law that general damages in libel cases are presumed from the very publication of the false statement.

Do not bother with citing trite law».

It is trite law that a wrongdoer can not claim the benefit of services donated to the injured party.

It was trite law that a prosecution could be stayed as an abuse of process if state agents had lured a person into committing a crime: R v Looseley, A-G's Reference (No 3 of 2000)[2001] 4 All ER 897.

While this is trite law, the concept still comes up in unique circumstances such as with a disabled adult child who may have an entitlement to support under the Divorce Act, but would not under Ontario's Family Law Act.

Sometimes the best method to answer these question is searching cases for the phrase «trite law» in proximity with keywords for an issue.

It is trite law that in considering making orders for financial provision, the district judge is charged with an inquiry into the size of the parties» resources and to identify factors which might justify a departure from equality of division of them — described by Sir Mark Potter P in Charman v Charman [2007] EWCA Civ 503, [2007] All ER (D) 425 (May) as the «sharing principle»: «Property should be shared in equal proportions unless there is good reason to depart from such proportions; departure is not from the principle but takes place within the principle.»

It is trite law that compensatory support is intended to provide redress to the recipient spouse for his or her efforts which conferred an economic benefit or advantage on the other spouse, and for his or her economic disadvantage arising from the marriage or its breakdown: Chutter v. Chutter, 2008 BCCA 507 at paras. 50 - 51, leave to appeal ref'd [2009] S.C.C.A. No. 41 [Chutter].

«It is trite law that when the word «shall» is employed in a statute, the primary meaning that the court will assign to it is that such provision is mandatory and leaves no room for discretionary or arbitrary exercise of power except a congruence reading if the statute intends otherwise.

Tsoho added, «The point must be made that it is trite law generally, that where a plaintiff's claim is unchallenged and uncontroverted, the court will accept the available evidence and act on it.»

Reacting to the Bank's appeal decision, Adetokunbo Mumuni said, «It's trite law that no procedural requirements should ever be made a tool to deny justice or perpetuate injustice.

Not exact matches

Is it not trite, argues the Presidency, that any law inconsistent with the Constitution is void, to the extent of that inconsistency?

It is trite knowledge that the law has no tolerance for fraud.

Potentially trite, About Schmidt's American gothic is an edged document of life after conventional productivity — a picture interested in core questions of identity and progeny that finds humour in the peccadilloes of Jeannie's hippie in - laws (Kathy Bates and Howard Hesseman) and a bridging narrative of Schmidt's continuing correspondence with an anonymous African orphan sponsored through a weepy infomercial.

So I hereby coin Carey's Law, which holds that trite observations are more likely to be regarded as sacred principles if someone happens to describe them as laws.

It is trite to say that in - house counsel do not have access to the same financial resources available to law firms.

It is a trite principle of law that the purpose of an award of damages is to put you in the same position that you were prior to the motor vehicle accident, at least so far as a monetary award can do.

It should seem trite to say, but the law does not reward ostriches.

It's trite to say, but a truism nonetheless that the inherent success or lack thereof of a law firm lies in its people.