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An undue hardship is an American legal term referring to special or specified circumstances that partially or fully exempt a person or organization from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle. [1] [2] [3]
Hardship is a reason for a change in the contractual program of the parties. The aim of the parties remains to implement the contract. Force majeure , however, is situated in the context of nonperformance and deals with the suspension or termination of the contract.
Possible undue hardship for the defendant. The defendant must explain what the hardship is and how material the costs are. If there are costs involved, they need to be spelled out. If there is a difficulty in getting witnesses out of a foreign court and into the original court, this needs to be revealed to the court.
The opinion clarified Title VII's standard of "undue hardship" does not mean de minimis. The ruling states that "undue hardship is very different from de minimis" and that an employer even "showing more than de minimis cost" in providing religious accommodation "does not suffice to establish undue hardship." This ruling places additional onus ...
Undue hardship, in employment law and other areas Topics referred to by the same term This disambiguation page lists articles associated with the title Hardship .
A New York appeals court rules that Ivanka Trump must testify in the $250 million financial fraud trial of her father, eldest brothers and their family business.
The test, first developed in the late 20th century, is widely used in American constitutional law. [1] In short, the undue burden standard states that a legislature cannot make a particular law that is too burdensome or restrictive of one's fundamental rights. One use of the standard was in Morgan v. Virginia, 328 U.S. 373 (1946).
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