Dominant purpose definition

Dominant purpose means a purpose that is a substantial motivating factor in the harassment, eviction, or other adverse actions challenged as retaliatory. A substantial factor motivating the adverse action is a factor that a reasonable person would consider to have contributed to the action. It must be more than a remote or trivial factor. It does not have to be the only cause of the adverse action.
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Dominant purpose means the purpose, which outweighs all other purposes combined.
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Dominant purpose means that the primary reason the document was prepared was for (or the core purpose of the document is) litigation, with any other purposes being subordinate to that.
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Examples of Dominant purpose in a sentence

  • Where litigation is anticipated there must be a real likelihood of litigation taking place; it is not sufficient that litigation is merely a possibility; - Dominant purpose must be to obtain advice to assist in the litigation; - Communications must be made between a professional legal adviser and client, or with third parties provided that the dominant purpose of the communication is to assist in the conduct of the case.

  • Most Cited Cases Dominant purpose of the section of the LMRA making it unlawful for an employer to give or for a union to receive any “thing of value” is to prevent employers from tampering with the loyalty of union officials and to prevent union officials from extorting tribute from employers.

  • Dominant purpose of litigationThe judge accepted that advice given in connection with the conduct of litigation may include advice relating to settlement of that litigation once it is in train.

  • Dominant purpose or principal effect indicates the purpose or effect which is the ‘ruling, 49 FCT v Spotless Services Ltd (1996) 186 CLR 404 at [417]; FCT v Hart (2004) 217 CLR 216 at [63]; FCT v Sleight[2004] FCAFC 94 at [67] per Hill J (with whom Hely J agreed).50 FCT v Hart (2004) 217 CLR 216 at [35].prevailing or most influential purpose’, as was held in Spotless51 by the High Court.

  • Dominant purpose In R (on the application of Jet2.com Ltd) v Civil Aviation Authority (“CAA”)4 the Court of Appeal considered legal advice privilege and, in particular, the well-established ‘dominant purpose test’.

Related to Dominant purpose

  • Development Purposes means using the Software for the specific purpose of (a) developing, (b) single-user prototyping, quality assurance or testing and/or

  • Government purpose means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations, or sales or transfers by the United States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so.

  • Government purpose rights means the rights to—

  • Legitimate law enforcement purpose means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.

  • intended purpose means the purpose for which the Technical Information is provided to the Supplier under or in connection with a Contract.

  • Valid business purpose means one or more business purposes that alone or in combination

  • Project Purposes means the use of Protected Information strictly and only for purposes related to Recipient’s and its Related Parties’ participation and involvement in the Project, and only for such period of time during which Recipient and its Related Parties are involved in Project related activities.

  • public purpose means any of the purposes for which land may be reserved under Part 4 of the Land Administration Act 1997, and any purpose declared by the Governor pursuant to that Act, by notification in the Government Gazette to be a public purpose within the meaning of that Act;

  • Permitted Purpose means any activity or process to be undertaken or supervised by a Staff member of one Party during the term of this Agreement, for which purpose authorised disclosure of the other Party’s Confidential Information or Intellectual Property is a prerequisite in order to enable such activity or process to be accomplished;

  • Public Purposes means the public purpose of financing $1,500,000.00 of building remodeling and improvement projects, consisting of projects included in the District's 2015-2016 building remodeling and improvement program;

  • Business Purposes ’ means purposes normally or otherwise reasonably associ- ated with the use of land for business activities, including shops, offices, showrooms, restaurants or similar businesses other than places of instruction, public garages, builder’s yards, scrap yards and industrial activities;

  • Permitted Purposes means evaluating the Project, preparing a Proposal, and any other use permitted by the RFP or this Participation Agreement;

  • Business Purpose means the use of personal information for the business’s or a service provider’s operational purposes, or other notified purposes, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected. Business purposes are:

  • Unrestricted Margin Stock means any Margin Stock owned by the Borrower or any Subsidiary which is not Restricted Margin Stock.

  • Intimidating, threatening, abusive, or harming conduct means, but is not limited to, conduct that does the following:

  • Motorcycling Activities means performing or participating in any capacity in any authorised or recognised Motorcycling Organisation event, meeting or activity;

  • Residential purposes means use for dwelling or recreational purposes, or both.

  • Restricted Margin Stock means, as of any date of determination, all of the Margin Stock owned by the Borrower and its Subsidiaries to the extent that the fair market value thereof is not more than 25% of the aggregate fair market value of the assets of the Borrower and its Subsidiaries, determined on a consolidated basis.

  • Anti-competitive practice means any collusion, bid rigging or anti- competitive arrangement, or any other practice coming under the purview of the Competition Act, 2002, between two or more bidders, with or without the knowledge of the Bank, that may impair the transparency, fairness and the progress of the procurement process or to establish bid prices at artificial, non- competitive levels;

  • Offshore Transaction Any “offshore transaction” as defined in Rule 902(h) of Regulation S.

  • Cooperative Stock With respect to a Cooperative Loan, the single outstanding class of stock, partnership interest or other ownership instrument in the related Cooperative.

  • Common Purposes shall include the purposes of managing and maintaining the Premises, the Buildings and in particular the Common Portions, rendition of services in common to the Unit Owners, collection and disbursement of the Common Expenses and dealing with the matters of common interest of the Unit Owners and relating to their mutual rights and obligations for the beneficial use and enjoyment of their respective Units exclusively and the Common Portions in common.

  • Sexual exploitation means any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes. It includes profiting monetarily, socially, or politically from sexual exploitation of another.

  • Offshore facility ’ means any facility of any kind located in, on, or under any of the navigable waters of the United States, and any facility of any kind which is subject to the ju- risdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel;

  • Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

  • Interfering Activities means (A) encouraging, soliciting, or inducing, or in any manner attempting to encourage, solicit, or induce, any Person employed by, or providing consulting services to, any member of the Company Group to terminate such Person’s employment or services (or in the case of a consultant, materially reducing such services) with the Company Group; (B) hiring any individual who was employed by the Company Group within the six (6) month period prior to the date of such hiring; or (C) encouraging, soliciting, or inducing, or in any manner attempting to encourage, solicit, or induce, any Business Relation to cease doing business with or reduce the amount of business conducted with the Company Group, or in any way interfering with the relationship between any such Business Relation and the Company Group.