Sentences with phrase «unconscionable acts»

The act prohibits unconscionable acts, fraud, misrepresentation, or knowing concealment of a material fact in the sale of real estate.

The Florida law which governs this reduces to saying «Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful», and then refers the reader (judge interpreting the law) to their intent to give due consideration to the Federal Trade Commission Act (because they don't say what counts as a deceptive or unfair practice).

It is the hierarchies of capital that provide the industry of war with the lowest rung of its workforce while also helping to construct a culture of unexamined violence that facilitates an easy slippage from spectator to enactor within a range of unconscionable acts.

Moreover, Adnan has been responding to wars and unconscionable acts of violence with great sensitivity and steadfastness for more than half a century.

[FN61] A violation of FDUTPA is defined as any violation of FDUTPA, or may be predicated upon violations of any rules promulgated pursuant to the FTC act, any standards of unfairness or deception set forth by the FTC or the federal courts, or any law, statute, or other provision which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices.

This is the alias being used by the man responsible for committing unconscionable acts of murder.

I think that if an expert knowingly puts another's interests in jeopardy, in pursuit of a future pay - off, then according to my understanding of what's right and wrong, that «that» would be an unconscionable act.

Not exact matches

They were also to examine the scope of s 46 (market dominance) and the unconscionable conduct provisions of the Act

They also raised issues including divestiture, exclusive dealing (s47), powers to obtain information, documents and evidence (s155) and the unconscionable conduct provisions of the Competition and Consumer Act 2010 (CCA), and whether there are barriers to the emergence of major Australian agribusiness companies («national champions») of global scale for exporting to international markets.

They also raised other issues including divestiture, exclusive dealing (s47), powers to obtain information, documents and evidence (s155), the unconscionable conduct provisions of the Competition and Consumer Act (CCA), and whether there are barriers to the emergence of major Australian agribusiness companies («national champions») of global scale for exporting to international markets.

Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)

9.59 the Act should prohibit, as a civil matter only, unconscionable conduct or practices in trade and commerce;

The ACCC alleged that between 2009 and 2011, Lux engaged in unconscionable conduct in relation to the sale of vacuum cleaners to elderly consumers in contravention of section 51AB of the Trade Practices Act 1974 and section 21 of the ACL.

Assembly Speaker Carl Heastie has called an amendment to the federal repeal of the Affordable Care Act that would force the state to pick up county Medicaid costs «unconscionable.»

The failure of Congress to act on the federal assistance legislation to help the millions of people impacted by Hurricane Sandy is absolutely unconscionable.»

«The recent wave of mass shootings is horrifying, and the federal government's failure to act on any form of meaningful gun safety laws is unconscionable,» Cuomo said in a statement.

His spokesman Josh Vlasto said he hoped the reports of more limited investigation were just «rumors», but if true, it would be «unconscionable» for legislative appointees to block the investigation, and said the governor would appoint a special Moreland Act commission to launch its own probe.

It's unconscionable that five decades after the Equal Pay Act was signed that there are still some employers who don't recognize the impact pay discrimination has on our entire community and how it negatively effects our local economy.»

But with The Turin Horse, Tarr has imagined what the driver's life might have been like, and the desperation that underpins such an act of unconscionable cruelty.

However, M. Night Shyamalan may as well have been directing this with the unconscionable twist that occurs in the final act.

Editors and lawyers in the publishing business need to clean up their act so that authors are not presented with unconscionable, non-negotiable warranty and indemnity clauses that can subject them to unlimited financial liability.

(D) Engage, directly or indirectly, in an unconscionable, unfair, or deceptive act or practice, as those terms are used and defined in Chapter 1345.

• The Florida Credit Service Organizations Act The Florida Credit Service Organizations Act (FCSOA)[FN27] was enacted in 1987 to regulate certain trade practices in the area of credit repair and to guard against unfair and unconscionable contracts between credit service organizations and consumers.

Talk to ASIC if consumers suspect unfair (or unconscionable) conduct or a breach of the National Credit Act.

(a) The administrator may bring an action to restrain a creditor or a person acting in his behalf from engaging in any business subject to licensing under subsection (a) of Section 5-19-22 without first obtaining a license therefor as provided in Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations of this chapter or engaging in a course of fraudulent or unconscionable conduct in inducing debtors to enter credit transactions or in the collection of debts.

The New Mexico Attorney General's office has sued Fastbucks for providing unconscionable loans to New Mexico citizens, both under the common law unconscionability doctrine and the state's Unfair Practices Act's unconscionability provision.

The bottom line is that law is being broken by the Japanese with vast, tragic consequences for the whales, and until the international community gets its act together and stations a navy of armed battleships to stop the unconscionable activities by the Japanese, it will be up to Captain Paul Watson and his stink bombs alone to stop them.

Failing to act would be unconscionable,» said Anthony Lake, executive director of UNICEF.

It is unconscionable to not act.

Except that David claimed to have the benefit of a proprietary estoppel against Peter and his estate, on the basis that over 15 years or more he acted to his considerable detriment in reliance on an expectation repeatedly encouraged by Peter that he (David) would inherit Peter's estate, or at least Steart Farm — such that it became unconscionable for the same to be disposed of elsewhere.

Ontario's Family Law Act also states that a judge shall not consider the conduct of either spouse in the determination of spousal support obligations unless the conduct «is so unconscionable as to constitute an obvious and gross repudiation of the relationship» (s. 33 (10)-RRB-.

- Nova Scotia's Matrimonial Property Act allows for non-enforcement of a prenuptial agreement if any term is «unconscionable, unduly harsh on one party or fraudulent.»

The Permanent Sovereignty Act limits the rights of parties to access international dispute resolution, which will give investors and their lawyers pause for thought, while the Review and Renegotiation Act forces parties to renegotiate contracts which contain any «unconscionable» term or subject the contract to a foreign law or forum.

Introduced in 2017, the Natural Wealth and Resources (Permanent Sovereignty) Act and Natural Wealth and Resources Contracts (Review and Renegotiation of Unconscionable Terms) Act, affect access to dispute resolution, but could also be the cause of significant disputes themselves.

Recent litigation includes acting for a receiver in a claim to recover possession from trespassers and mortgagors; acting for a claimant in a trial to establish a prescriptive right to park; acting for a former cohabitee in a claim for a beneficial interest of property under TOLATA; acting in a claim for an injunction and damages in respect of trespass and nuisance; acting for a mortgagee in a contested mortgage possession claim defended on the grounds of undue influence, non est factum and unconscionable bargain; acting for a defendant in a claim for damages for unlawful eviction; and acting for a landlord in a claim for renewal of a business tenancy.

In cases of marriages that are five years or less, a court may award a spouse an amount that is more or less than half the difference between the net family properties, if the court is of the opinion that equalizing the net family properties would be unconscionable (Family Law Act, subsection 5 (6)(e)-RRB-.

On the issue of whether Uber could contract out of the Employment Standards Act requirements, making the agreement unconscionable, the court considered the three elements of unconscionability: there must be an inequality of bargaining power, a substantially unfair bargain, and the defendant must knowingly be taking advantage of a vulnerable plaintiff.

Of course, the client may be able to show undue influence, a breach of the Unfair Contract Terms Act 1977 or an unconscionable bargain, but this requires as a minimum an inequality of bargaining power, a manifestly disadvantageous agreement and an undue degree of pressure brought to bear by the stronger party; such matters are notoriously difficult to prove, particularly in a commercial context.

The catch is that the Fair Housing Act is about racial discrimination, not unconscionable lending behavior per se.