Sentences with phrase «unambiguous provisions»

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

In determining what the law is, the Court of Appeal took a decision that even the most ardent and dyed - in - the - wool adherent of the Purposive Approach to interpretation would have been at great pains to follow, ie choosing long uniform and uninterrupted usage and course of dealing over the clear, unambiguous provisions of a statute of parliament.

He found that in order the government to acquire private interests for the benefit of a private third party to be valid under the LAA, it must be enabled by a specific and unambiguous provision of the Act [66] and that, unless such an unambiguous provision exists, «the well - established principles of the common law that are here invoked... on behalf of the Aboriginal native title holders», should be upheld.

Not exact matches

It was aimed at critics of the deal known as the Comprehensive Economic and Trade Agreement, including left - leaning politicians in Europe as well as the clamouring anti-trade civil society movement, as an «unambiguous statement» to assuage concerns over «provisions that have been the object of public debate and concerns.»

When a corporate charter is alleged to contain a restriction on the fundamental electoral rights of stockholders under default provisions of law ---- such as the right of a majority of the shares to elect new directors or enact a charter amendment — it has been said that the restriction must be «clear and unambiguous» to be enforceable.

Stressing the court's decision, the judge said, «The above constitutional provision is clear and unambiguous and must be given its literal meaning.

The provision seeks to reverse the recent federal appeals court ruling these parents obtained, which held that the regulation patently violated NCLB's unambiguous requirement that only fully prepared teachers be deemed «highly qualified» and that, as such, teachers still in - training must be publicly disclosed and not concentrated in low - income, high - minority schools.

Both Howard and Alsip are warning to employers who utilize fixed - term agreements that clear and unambiguous early termination provisions are necessary to avoid costly pay - outs to employees.

This is ironic in light of the complaints of sovereignty over-reach by the EU made repeatedly by the UK: here is an EU Treaty provision that clearly leaves to the Member State the framework of any future relationship, and here the UK government is incapable of giving clear, unambiguous signals to the EU as to what it wants.

«We can not interpret a statute so as to avoid injustice or hardship if its language is clear and unambiguous and requires a different construction»... «If the Legislature has intentionally omitted a provision from a statute, no court may then reintroduce it.»»

Bearing that in mind, prevailing party fee and cost provisions must include clear, unambiguous language as to exactly what the parties intended.

A provision pertaining to the scope of issues to be arbitrated needs to be carefully drafted and unambiguous.

In Ghaidan v Godin - Mendoza, which Lord Phillips described as the «definitive» case on s. 3 HRA 1998, the House of Lords held that s. 3 could permit a Court to depart from a provision whose meaning was unambiguous, if that provision was not ECHR compatible, with the dramatic implication that s. 3 could oblige a Court to disregard the legislative purpose of subsequent Parliaments.

It is insisted that, while the Constitution gives to Congress, in specific and unambiguous terms, the power to tax and spend, the power is subject to limitations which do not find their origin in any express provision of the Constitution and to which other expressly delegated powers are not subject.

Avenues for meaningful legal redress start with (1) clear, public, and unambiguous commitments that, if breached, would subject social media platforms to unfair advertising, competition, or other legal claims with real remedies; and (2) elimination of tricky terms - of - service provisions that make it impossible for a user to ever hold the service accountable in court.

Soutphommasane explained in detail his concerns about the Federal Government's intention to repeal provisions of the Racial Discrimination Act, and additional reports this week that it might «tinker» with other parts of the Act that «draw a clear and unambiguous line between genuine public debate and hate speech».