Sentences with word «voidable»

Specifically, grounds for voidable marriages can be waived by cohabitation after the condition is discovered or remedied.

For greater certainty, a marriage is not void or voidable by reason only that the spouses are of the same sex.»

The argument here would be that this lack of capacity renders a marriage voidable only, with the upshot that it can only be challenged by one of the parties and is valid until successfully challenged by an annulment proceeding.

If the third party buyer takes for substantially equivalent value and had no notice of the prior purchase deal, the third party buyer would have good title; if third party buyer did not purchase for value or had actual or constructive notice of the prior purchase deal, the third party's title would be voidable in a suit to seek specific enforcement of the purchase and sale contract against the seller.

For the principle is that a contract induced by fraud is not void but only voidable at the election of the party defrauded, and when once the party has elected to abide by the contract, being aware of the fraud, he can not afterwards rescind it».

This certificate will be voidable if you have failed to disclose or have misrepresented any material fact or circumstance affecting coverage under this certificate.

The financial distress team deals with all aspects of capital and debt restructuring, as well as corporate and individual insolvencies and associated claims (such as voidable preferences and reckless and fraudulent trading).

Investigating and pursuing claims in respect of void dispositions, voidable preferences, transactions at undervalue and on behalf of insolvency practitioners.

«Apart from considerations of illegality, agreements to pay Form Fillers in circumstances of unequal bargaining power and where an improvident deal was made, such as the two examples in the record before this court, are unconscionable and therefore voidable at the instance of the instance of the claimants who entered them.»

In extreme cases, acts or the threat of acts which are outside the terms of the contract and therefore unlawful (such as unjustified increases in margin) might render the proposed variation voidable for «economic duress».

To Tagliabue, such «voidable years» are nothing more than a deferred signing bonus — which should be subject to the rookie - pool cap.

Fraudulent misrepresentation makes a contract voidable, not void.

The Minister has also affirmed that once this development obligation has been fulfilled, there will be no delay in the issuance of a certificate declaring the license no longer voidable.

Though, even with the shackles of veracity, Carrey makes a last - minute save to his case with a new discovery and a reminder about the difference between void and voidable agreements.

Note: Even if the marriage is not automatically void because of the same gender, it might still be void or voidable because of deception (if that can be proved).

A marriage can be voidable on the following grounds:

That was part and parcel of a categorisation of marriages that might be annulled into those void ab initio (s 11) and those merely voidable (s 12).

If the marriage is not recognised by the English court then it may be void or voidable which, in itself, gives rise to further complications as to whether the marriage should be annulled rather than dissolved, and then whether there can be financial proceedings in this country, notwithstanding the fact that the foreign marriage may not be recognised by the English court.

Still no idea what the stuff below about voidable and reading - down was on about!

Such powers may only be exercised bona fide towards the satisfaction of the bank's debt; as soon as collateral profit becomes the primary purpose, those actions become voidable and the bank liable to account.

I'd actually be interested in the void / voidable argument.

Voidable means that it can be annulled, rather than simply being void from the start.

Section 47 - 270 (c) states that a purchase contract is «voidable until (1) the expiration of five days, excluding Saturdays, Sundays and legal holidays, after the certificate and documents have been delivered to such purchaser or such purchaser's attorney... or (2) conveyance, whichever first occurs.»

Florida law explicitly states that voidable marriages are valid until they're annulled.

Mummery LJ hinted the case might have been decided differently if the company had pleaded two additional defences: that Cavanagh was in breach of duty in not informing the company of his misconduct, and that the company's obligation to make the payment was void or voidable by reason of vitiating unilateral mistake.

A marriage or civil partnership can also be voidable in some circumstances.

6 DOS 94 Matter of DOS v. Eagle Financial Services - motion to amend complaint; procedural due process; motion for severance; motion for stay of proceedings; adjournment; once issued, license is valid even if procured by fraud and voidable only in quasi-judicial proceeding; negotiating of mortgage loan requires real estate license; corporate licensee vicariously liable for conduct of unlicensed salesperson; failure to return and conversion of deposits

The Canadian Football League Players» Association (who brought the case on Williams» behalf) argued that the Tiger Cats had breached the collective agreement two years earlier during negotiations of the contract and that the contract was therefore voidable.

Our Insolvency and Restructuring team issues proceedings for wrongful and fraudulent trading, in respect of transactions at undervalue and voidable preferences, for breach of duty / misfeasance, unlawful dividends and has significant experience in breach of trust, fraud, dishonest assistance, and conspiracy to defraud claims.

Whatever the decision, it's clear that the league should void the voidable - years loophole, and any others, and that the poor - mouthing owners should try living within their means, which was the point of the bargaining agreement in the first place.

This means that if he is elected then that result is voidable as having a false address in his nomination forms is the offence of «Corrupt Practice».

«In fact, the evidence at hand suggests that his «naturalized» citizenship was fraudulent and may be voidable,» the suit states.

Note that some states require real estate contract to be in writing or else they are voidable by either party.

Once the conditions of the license have been fulfilled to the satisfaction of the Minister, the Minister shall grant a certificate declaring that the license shall no longer be voidable, thus cancelling the encumbrance created by the license.

If the marriage is held to be void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.

«If you don't maintain an «active» status in the state that you do business in, then you run the risk of all contracts that you have with third parties being voidable by the third party.»

Clients moved for summary adjudication on attorney's contractual claims, arguing the contingency agreements were voidable and attorney was only entitled to seek quantum meruit recovery.

For example, in Germany a marriage is voidable (but not void) if one partner deceived the other to make them agree to the marriage.

In proceedings for nullity of marriage on the ground that the marriage is void or voidable, the court may, nonetheless, grant the relief sought where both parties to a marriage reside in Singapore at the time of the commencement of the proceedings.

A «voidable» marriage, on the other hand, is valid until adjudged a nullity.

An annulment may be maintained upon an allegation that the marriage is «void» (California Family Code § § 2200 - 2201), «voidable» (California Family Code § § 2210), or invalid for failing to comply with statutory formalities (California Family Code § 297 (b).)

He rejected the submission made on behalf of the parents that circumstances such as those which arose in the instant case had been expressly provided for in s 12 (c) and (d) of MCA 1973, and that the marriage was, accordingly, voidable, rather than void.

The previous law was clear that a voidable marriage was a valid marriage unless and until annulled.

The judgment in Roberts was clear and binding: the marriage was voidable, not void.