Common Law. All common law claims, including but not limited to any and all rights to discovery, claims for wrongful discharge, constructive discharge, violation of public policy, breach of an express or implied contract, breach of an implied covenant of good faith and fair dealing, negligent or intentional infliction of emotional distress, defamation, conspiracy, tortious interference with contract or prospective economic advantage, promissory estoppel, equitable estoppel, fraud, misrepresentation , detrimental reliance, retaliation, and negligence;
Common Law. The restrictions in this Section 9, to the extent applicable, shall be in addition to any restrictions imposed upon the Executive by statute or at common law.
Common Law. If there is an apparent conflict between legislation and common law, the legislation will take precedence. Exceptional circumstances may arise, for example, where there is a serious public health risk, or there is a risk of harm to a patient or other individuals, or for the prevention, detection or prosecution of crime. There are occasions, therefore, where seeking the individual’s consent is not always appropriate. Information held in confidence can still be disclosed without the individual’s consent, where it can be demonstrated that: disclosure is required by law (e.g. under an Act of Parliament creating a statutory duty to disclose or a court order); disclosure is necessary for the detection, prevention and prosecution of crime or the apprehension of offenders; information is already clearly in the public domain; there is an overriding duty to the public that outweighs maintaining public trust in a confidential service and the duty of confidence to the individual (e.g. health and safety); there is a risk of death or serious harm to one or more other individuals or the public at large; the individual lacks the capacity to make an informed decision for themselves (e.g. where a patient is incapable of giving consent then any disclosure which is in their best interests would be permissible); in the vital interest of the individual concerned (e.g. information relating to a medical condition may be disclosed in a life or death situation). Public interest criteria will include, but is not limited to: health and safety; prevention and reduction of crime and disorder; detection of crime; apprehending offenders; protection of persons at risk within the community; administration of justice; national security. The Human Rights Act 1998 incorporating the European Convention on Human Rights restricts public authorities in its use of private information. Article 8, the Right to Respect for Private and Family Life is the most commonly referred to article when considering and dealing with requests for disclosure of information. The right is qualified, in that it may be interfered with where this is in accordance with the law and is necessary in a democratic society: in the interests of national security; in the interests of public safety; in the interests of the economic well being of the country; for the prevention of disorder or crime; for the protection of health or morals; or for the protection of the rights and freedoms of o...
Common Law. At common law, an agreement explicitly describing the jurisdiction of a court as “exclusive” is relevant to, but not determinative of, the question whether the agreement creates exclusive jurisdiction. Under current principles, the second type of non-unique agreement – an agreement under which both parties agree to the “exclusive” jurisdiction of more than one court – could not be treated as exclusive at common law.
Common Law where the public interest outweighs the presumption of confidentiality and where disclosure will preserve public safety and/or prevent or detect crime. In such circumstances regard must be given to the fact that such disclosure amounts to an exception to the general principle of confidentiality and in some cases, statutory obligations under the Data Protection legislation.
Common Law. The common law65 grants contracting parties substantial autonomy in defining their respective rights and obligations. However, their autonomy in defining remedies for breach is subject to certain limits,66 including limits on “fixed sums” payable in the event of breach. A sum fixing an amount or method of determining “liquidated damages” is enforceable, while a sum fixing a “penalty” intended to deter breach is void.67 The parties to a contract may stipulate in advance to a specified amount or methodology for determining damages in the event of a specified breach. As long as the amount represents a reasonable effort to ascertain in advance or “liquidate” damages that might otherwise be uncertain or difficult to prove, the provision will be enforceable as “liquidated damages.”68 Such clauses offer substantial utility in providing a remedy in the event of breach while retaining the basic common law focus on “compensatory” rather than “punitive” damages for breach of contract.69 In contrast, a “penalty” clause runs afoul of this same basic approach.
Common Law. Except as this Agreement otherwise provides, this Agreement does not affect the rights or remedies of either Party in contract, tort or otherwise.
Common Law. Authority to bind Crown, 3:14 Contract formation see Contract formation Crown liability in, 1:19, 1:20 Crown prerogative, as part of, 1:13 to 1:17 ‘‘Federal common law,’’ 13:8 Injunctions at, 12:23 Persons Crown liable for at, 1:22 to 1:28 Takings at TAKINGS AND COMPENSA- TION FOR See TAKINGS AND COMPENSA- TION FOR Charter see Charter of Rights and Freedoms Compensation obligation, 5:5 Constitutional limits on contract formation, 3:5 Court jurisdiction see Courts, jurisdiction of Division of powers provisions, 3:5 Federal law within s. 101, 13:9 Judicial structure created by, 13:2 S. 53, 3:5 Aboriginal people, 11:22, 11:23, 11:27 to 11:29, 11:33 to 11:39 Charter see Charter of Rights and Freedoms See Charter damages Generally, 3:1 Breach of contract see Breach of contract Contract formation see Contract formation, Crown and Performance issues see Breach of contract Pleadings and practice, 3:63 Remedies see Contract remedies Tendering see Tendering Types of disputes, 3:1 Generally, 3:3 Authority to bind Crown, 3:14, 3:15 common law authority, 3:14 cabinet, 3:14 Crown agent status, 3:14 legislative limits on, 3:15 Ontario Executive Council Act, 3:15 Capacity generally, 3:4 to 3:12 common law, at generally, 3:4 ‘‘Crown,’’ identity of, 3:4 rationale for Crown’s capacity as individual, 3:4 statutory prohibition, 3:4 sui juris requirement, 3:4 constitutional limits on generally, 3:5 agreements to pay compensa- tion, 3:5 British constitution, 3:5 Charter of Rights and Freedoms provisions, 3:5 Constitution Act, 1867 division of xxxxxx xxxxx- sions, 3:5 s. 53, 3:5 contracting out of mandatory statutory liability, 3:5 Crown expenditures, statutory authorization require- ment, 3:5 Crown-in-Parliament, restric- tions by, 3:5 executive/legislative necessity, doctrine of, 3:5 Financial Administration Act provisions, 3:5 Government Liability Law and Practice Capacity—Cont’d constitutional limits on—Cont’d non-fettering rule, 3:5 Crown contractual partners, of,
Common Law. For what has not been contemplated in this contract, the parties adhere to the provisions of Common Law.
Common Law. Nothing herein shall in any way diminish the Buyer's or the Company's or any other Group Company's common law obligation to mitigate its loss.
