Sentences with phrase «unconscionable terms»

The court can direct the spouses to revise any unconscionable terms before finalizing the divorce.

2013) 718 F. 3d 1052 (the mere risk that plaintiff will face prohibitive costs is too speculative to justify invalidating arbitration agreement), on the ground that the fee provision was not speculative and there were other unconscionable terms.

Whether you are entering into a simple transaction or a complex one involving high - dollar amounts, you will want to ensure that there are no unconscionable terms in your contracts.

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.

Also, the ability to sell direct means that if a monopsony or monopoly * were * to come into existence, writers would still have the ability to reach their readers even if it offered unconscionable terms.

Last week John Scalzi, current president of the SFWA, blasted Random House for unconscionable terms in its contracts.

That clause would not be enforceable, since it is an unconscionable term.

Not exact matches

New Mexico's attorney general cracked down, filing suits against two lenders, charging in court documents that their long - term products were «unconscionable.»

Strengthen CCA to «outlaw predatory conduct that has negative effects on competition, value chain suppliers and ultimately consumers» (p 1); MMP (amend s 46 to outlaw predatory conduct), unconscionable conduct (needs to be strengthened), unfair terms (extend to business and further guidance), collective bargaining (claims ineffective; wants collective boycott option), Code of Conduct (wants mandatory code).

Supports NFF submission and identifies 10 priority areas: Unconscionable conduct, Misuse of market power (effects test), Unfair contract terms (extension to small business), Collective bargaining (inc raising threshold for primary production bargaining), Codes of conduct, Statutory duty of good faith, Powers of the ACCC (price monitoring, divestiture powers), Access, Protection from agri - terrorism, Establishing a Perishable Goods Commissioner

Competition policy (SME focus; need for equity; treat SMEs as «consumers» when dealing with larger businesses - extend unfair terms contracts to small business; need «legal precedents or statutory definitions» as part of unconscionable conduct framework); competition laws (focus on unfair terms and unconscionable behaviour; mention of MMP but not in context of s 46; access - call for broader access; price signalling (not clear)-RRB-; administration

Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.

Existing unfair and unconscionable conduct provisions should be strengthened (unfair terms laws should extend to small business).

Unconscionable conduct (s 22 to be amended to include «price» within list of matters court can consider when determining whether conduct unconscionable); unfair contract terms (expand to B2B contracts and make it «possible for term that «sets the upfront price payable» to be found to be Unconscionable conduct (s 22 to be amended to include «price» within list of matters court can consider when determining whether conduct unconscionable); unfair contract terms (expand to B2B contracts and make it «possible for term that «sets the upfront price payable» to be found to be unconscionable); unfair contract terms (expand to B2B contracts and make it «possible for term that «sets the upfront price payable» to be found to be unfair»)

The wage gap «is particularly unconscionable given the performance of women in terms of providing high quality care,» he said.

In a hearing on October 29, 2014, the court indicated that it will issue an injunction prohibiting the illegal conduct and declared that three provisions of the Terms of Service are unconscionable.

However, as I discussed in Dreaming of Middlemen, there are plenty of other good reasons to self - publish — such as keeping full creative control, avoiding unconscionable contract terms, and getting substantially higher profit margins.

Because they controlled who got published, they could get away with giving authors take - it - or - leave - it unconscionable contract terms.»

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

In legal terms, a signature can be challenged for a number of reasons, including that the signature is a forgery, or that, although not a forgery, the signature was obtained as a result of unconscionable conduct by a party to a transaction, fraud instigated by a third party, or undue influence exerted by a third party.

- 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.»

A lower standard is reserved for terms that limit spousal maintenance, which will be upheld if «fair and reasonable at the time of the making of the agreement and... not unconscionable at the time of the [divorce].»

Last year, a Second Life user challenged the site's suspension of his account, with the judge invalidating the Terms of Service as an unconscionable contract of adhesion.

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.

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.»

For example, if the terms require that payment be received by the end of the day or the price will go up dramatically, but it's a banking holiday and it's impossible for the purchaser to get the funds, that term might be considered unconscionable depending on the context of the entire agreement.

4th 83 (2000), the California Supreme Court held that mandatory arbitration clauses may be unenforceable when they are unconscionable in terms of both procedure and substance.

Parties can agree payment terms however they like: it is only unlawful if the terms are so onerous as to be unconscionable.

The Court determined, on appeal that the terms of the agreement were unconscionable since its enforcement would result in the risk of the wife becoming a public charge, and since she was unemployed, largely without assets, and was the primary caregiver for the parties» young children.

The majority of the Court of Appeal rejected the trial judge's expansion of the duty of honest performance in contracts to create a common law duty of «reasonable exercise of discretionary contractual powers,» noting that the duty of honest performance does not relate to the negotiation of terms, and confirmed that an agreement should be interpreted in accordance with its terms unless it is unconscionable or contrary to public policy.

The terms of the agreement — except for the provisions relating to the children — are binding upon the court, unless the court determines that the agreement is unconscionable.

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.

Its terms were not unconscionable.

To determine whether an agreement is unconscionable, the court must review the spouses» financial circumstances and consider the fairness of the terms in the agreement.

The legal term for this is «unconscionable.»

Your Colorado divorce court can approve the terms of your marital settlement agreement as long as the terms are not unconscionable — that is, grossly unfair to one party.