Improper motive definition

Improper motive means to demonstrate action such as the following:
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Improper motive and “improper means” are alternative theories, and Custom Built only needs to establish one or the other to satisfy the fourth element of the tort. The evidence in the record does not establish an improper motive. Under Tennessee law, to establish improper motive, Custom Built is required to demonstrate that National Fitness’s “predominant purpose was to injure” Custom Built. Trau-Med, 71 S.W.3d at 701 n.5. According to Custom Built, National Fitness’s improper motive is shown by the following facts:
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Improper motive. ' means an intent of the woman concerned to have her pregnancy terminated because she believes that the unborn child is of a particular sex;
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Examples of Improper motive in a sentence

  • The causal connection between the alleged antitrust violation and the harm to the plaintiff; (2) Improper motive; (3) Whether the injurywas of a type that Congress sought to redress with the antitrust laws;(4) The directness between the injury and the market restraint; (5) The speculative nature of the damages; (6) The risk of duplicative recoveries or complex damage apportionment.

  • Improper motive or want of reasonable and probable cause required for malicious arrest have no legal relevance to this cause of action.

  • Improper motive on the part of the witness would have provided him with an opportunity to refresh his memory, regardless of the DPP’s intention.

  • The temporary shelter permit shall be limited to a period of six (6) months unless extended by approval of the Zoning Board of Appeals.

  • Improper motive has been found in cases with varying periods between the protected activity and the adverse action, ranging from a few hours to a few months.

  • Segmentation of home and community care – State and Commonwealth responsibilities The committee was asked to consider the segmentation of the former joint Home and Community Care (HACC) service system based on the age of the client, needs of the client, their carer and theproviders.

  • Improper motive exists when the primary purpose for defendants’ actions is to injure the plaintiff.

  • It includes “conscious doing of a wrong for a dishonest, discriminatory, or malicious purpose.” Id. Improper motive, not perfection, is the touchstone.

  • Improper motive / Abuse of the process51]Even if some of the subpoenaed documents were found to be relevant (which it is unnecessary to decide), it is clear from what I have said above9 that the subpoena may nonetheless be set aside if the court, in the exercise of its discretion, was satisfied that it amounts to an abuse of the process.

  • Improper motive is a “predominant theme” in implied covenant cases under Illinois law.

Related to Improper motive

  • Improper influence means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter.

  • Improper Conduct means conduct which offers any obstruction to the deliberations of proper action of Council.

  • Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

  • Customer Proprietary Network Information (“CPNI”) is as defined in the Act.

  • Company Affiliate means any entity controlled by, in control of, or under common control with, the Company.

  • Identifiable includes that the expenditures are recorded in the IP’s accounting system and that the accounting system shows which transactions represent the expenditures reported for each line on the FACE form. The term “verifiable” includes that the expenditures may be confirmed by the records in Article IX.)

  • Competitors means any Person who is not an Affiliate of a Loan Party and who engages (or whose Affiliate engages), as its primary business, in the same or similar business as a material business of the Loan Parties.

  • Customer information systems means any methods used to access, collect, store, use, transmit, protect, or dispose of customer in- formation.

  • Improper governmental action means any action by a district officer or employee:

  • Confidential System Information means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to Grantee; or that Grantee may create, receive, maintain, use, disclose or have access to on behalf of HHSC or through performance of the Project, which is not designated as Confidential Information in a Data Use Agreement.

  • Company Information As defined in Section 4(a)(i).

  • Related Entities means contractors and subcontractors of a Party at any tier; grantees, investigators, customers, and users of a Party at any tier and their contractors or subcontractor at any tier; or, employees of the Party or any of the foregoing.

  • Proprietary Information shall have the same meaning as Confidential Information.

  • Company Group means the Company and its Subsidiaries.

  • DISCOM means Maharashtra State Electricity Distribution Company Limited.

  • Discom(s) means one or more of the following distribution companies:

  • Confidential or Proprietary Information means any secret, confidential or proprietary information of the Company or an affiliate (not otherwise included in the definition of a Trade Secret under this Employment Agreement) that has not become generally available to the public by the act of one who has the right to disclose such information without violation of any right of the Company or its affiliates.

  • Supplier Personnel means Supplier’s employees, consultants, agents, independent contractors and Subcontractors.

  • Clients means the Janus Funds and other individual and institutional advisory clients of Janus.

  • Proprietary Data means Data embodying trade secrets developed at private expense or commercial or financial information that is privileged or confidential, and that includes a restrictive notice, unless the Data is:

  • Improper Payment means: (a) any payment, offer, gift or promise to pay or authorization of the payment or transfer of other things of value, including without limitation any portion of the compensation, fees or reimbursements received hereunder or the provision of any service, gift or entertainment, directly or indirectly to (i) a Government Official; (ii) any director, officer, employee or commercial partner of a Party or its Affiliates; or, (iii) any other person at the suggestion, request or direction or for the benefit of any of the above-described persons and entities, for purposes of obtaining or influencing official actions or decisions or securing any improper advantage in order to obtain, retain or direct business; (b) payments made and expenses incurred in connection with performance of obligations under this Agreement that are not made and recorded with sufficient accuracy, detail, and control to meet the standards in applicable Anti-Corruption Laws; or, (c) any other transaction in violation of applicable Anti- Corruption Laws.

  • Dell means Dell Inc., a Delaware corporation.

  • BNY Affiliate means any office, branch or subsidiary of The Bank of New York Company, Inc.

  • Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

  • Customer Affiliate means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Customer, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;

  • Insight as used in this clause, means technical visibility into the Program, maintained through audit, surveillance, assessment of trends and metrics, software independent verification and validation, the flight readiness review process, and review or independent assessment of out-of-family anomalies occurring in any phase of the program.