Sentences with phrase «unconscionable because»
Relying on Douez v. Facebook, Inc., he took the position that the agreement was unconscionable because it was a contract of adhesion where he had no bargaining power.
https://www.lawworks.ca/ Not exact matches
I find it unconscionable that Jews who survived near exterminaton expressly because of their faith, must be forced, with no avenue of defense on this mortal plane, to «give up» that very identifty.
See also Lucy Barbour, «Competition watchdog ACCC head Rod Simms (sic) denies claims an «effects test» would be «economically dangerous» (ABC Rural, 18 August 2014), in which the ACCC Chairman defends the ACCC's proposed effects test (and is also reported as saying that the current case against Coles was brought under the unconscionable conduct provisions rather than under s 46 because the misuse of market power prohibitions is a law that exists only between competitors...)
Because it is difficult to prescribe such minimum standards, the law prohibits unconscionable conduct, leaving it to the courts to determine in a given case whether the conduct fails to conform to the dictates of good conscience.
Mr Morrice said the code was put together because the Australian Competition and Consumer Commission was investigating allegations of unconscionable conduct by the chains.
Also notes opposition to introduction of statutory unconscionable conduct provisions because they focus on protection of individual competitors rather than promotion of competition.
I certainly hope so, because waking up to change a diaper when your baby would otherwise (let you) sleep through is downright unconscionable.
Excluding a mom friend from a moms» night out because she's not the «birthparent» is unconscionable.
The subtext from the teacher that your daughter deserves to be excluded because she's different is unconscionable and (I believe) unethical.
The former minister said it is «unconscionable» for Governor Oshiomole to embark on a campaign of lies against her because she thwarted his dubious loan request.
«To think that consumers could unknowingly get into the private vehicle of a registered sex offender because of a loophole in the New York state law is unconscionable,» Sen. Sue Serino, R - Hyde Park, Dutchess County, said in a statement.
It is unconscionable for the governor to embark on a campaign of lies against her because she thwarted his dubious loan request.»
«It's unconscionable that thousands of New York kids each year are turned away from homeless youth shelters because there aren't enough beds.
Because children are known to be more susceptible than adults to risks of cancer from radiation, Physicians for Social Responsibility, a U.S. antinuclear proliferation group, condemned the exposure limit as «unconscionable.»
But we decided that because our idea had the potential to dramatically improve education throughout the country, it would be unconscionable to put our product behind a paywall.
«This is an irresponsible and unconscionable budget you should not pass because it harms the most vulnerable students.»
``... for those countless midlist authors stuck with unconscionable contracts because they had no choice, and the multitude of authors kept out of the industry by gatekeepers such as yourself, it didn't work.
Because they controlled who got published, they could get away with giving authors take - it - or - leave - it unconscionable contract terms.»
We are having serious problems with fedloan around them not giving credit for teach grants that have been fulfilled with the 5 years of teaching in the appropriate schools — they claim we did not respond in a 30 day period (which we did) and that because of that they have nullified the grants and converted them to loans despite 5 long years of teaching service fullfilled (with certificates sent in) as requested by the dept of eduation several years back when they were really looking for qualified science teachers...!!!!! UNCONSCIONABLE!!!
We have a responsibility to close this loophole, because it is simply unconscionable to allow this abuse to continue.»
It is unconscionable that these institutions would facilitate the breeding of more dogs when so many dogs languish in shelters and with rescues, waiting for permanent homes, and when millions are euthanized ever year because of oversupply.
In fact, keeping such animals while thousands of healthy, adoptable animals are euthanized because there is no place to keep them could be considered an unconscionable decision.
«The seizing of innocent family pets simply because of their appearance is unconscionable.
Unchecked, global warming will trash our planet and truncate our future — all because of the truly sinister and truly unconscionable pursuit of profit.
M&M had to fight an uphill battle, because Mann resisted their third party review of his analysis at every turn, and tried to deny them access to his data and methodology, an absolutely unconscionable violation of the principles of science (particularly publicly funded science).
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).
Equity enforces it because it would be unconscionable for the other party to disregard the claimant's rights.»
Mark Zauderer, who represented the law firm was quoted in the Times as saying «What the courts recognize is that a fee agreement is not unconscionable simply because it can produce a big fee,» he said.
The plaintiffs argued, inter alia, that the waiver was not valid at common law because it was unconscionable.
Sir James Munby, the President of the Family Division, accused the government of creating an unthinkable, unconscionable and unjust situation whereby the parents of a two year old boy have to respond to a local authority's application for their son to be adopted outside the family without legal representation because they are (just) financially ineligible for legal aid.
Because both parties waived any interest in the other's marital earnings, it found «the Agreement's terms were not so one - sided or oppressive that no reasonable person would make them and no fair and honest person would accept them; therefore, the Agreement was not unconscionable as to equitable division.»
«It's going to be very interesting to see if they have the resources and the automation can actually match what they're promising because processing times just became unconscionable — you can not keep families apart that long,» Bellissimo says.
There are two key issues surrounding enforceability of an arbitration clause: (1) whether the arbitration clause is applicable to the dispute; and (2) whether the arbitration clause is void or unenforceable because it is abusive, unconscionable, or illegal.
The court held that the liability release was unenforceable because it was adverse to the public interest and unconscionable.
The wife moved to set aside the prenuptial agreement, among other grounds, because it was unconscionable.
What the courts recognize is that a fee agreement is not unconscionable simply because it can produce a big fee
She dismissed the respondents» claim that no bonus was payable because it allegedly in contravention of the criminal rate of interest, was unconscionable, or was ultra vires the objects of the appellant, the Business Development Bank of Canada («BDC»).
· Former Attorney's fees were not unconscionable, because she agreed to a reduced rate, testified to the complex nature of the litigation, and often wrote off items to reduce the amount of the bills.
Rather, the statement of claim seeks to set aside the release on the basis that it was entered into based on the misrepresentation by the accountants that their advice on the butterfly transaction would result in no tax consequences, and that because that turned out to be untrue, the release was unconscionable.
(3AA) However, if such proceedings are instituted with the consent of both of the parties to the marriage, the court may dismiss the proceedings if it is satisfied that, because the consent was obtained by fraud, duress or unconscionable conduct, allowing the proceedings to continue would amount to a miscarriage of justice.