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

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

  • 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;

  • 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:

  • 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;

  • 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.