Search results
Results from the WOW.Com Content Network
With the Scruttons case, the issue of third party rights in a contract was made certain. There had been much speculation on the meaning of Elder, Dempster but it became clear that there was no new rule from that case. This case, among others, resulted in the change of practice in shipping contracts by adding Himalaya clauses to protect third ...
Jus tertii (English: rights of a third party/ stranger) is a term for the legal argument by which a person can defend a claim made against them by invoking the rights of a stranger to the dispute. The defence asserts that the rights of the stranger are superior to those of the claimant; in other words the defence is that the claimant has ...
Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted. In the United States , this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is ...
The Alcohol, Tobacco and Firearms Bureau (ATF) of the United States Treasury Department, investigating the case, requested that local banks, holding Miller's accounts, provide all paperwork of his bank transactions to date via a grand jury subpoena duces tecum, rather than a warrant; the banks complied without notifying Miller. The financial ...
Tortious interference with contract rights can occur when one party persuades another to breach its contract with a third party (e.g., using blackmail, threats, influence, etc.) or where someone knowingly interferes with a contractor's ability to perform his contractual obligations, preventing the client from receiving the services or goods ...
Among the other factors relevant to this inquiry are [1] the skill required; [2] the source of the instrumentalities and tools; [3] the location of the work; [4] the duration of the relationship between the parties; [5] whether the hiring party has the right to assign additional projects to the hired party; [6] the extent of the hired party's ...
In cases of fraudulent misrepresentation, the time limit runs until when the misrepresentation ought to have been discovered, whereas in innocent misrepresentation, the right to rescission may lapse even before the represent can reasonably be expected to know about it. [82] Sometimes, third party rights may intervene and render rescission ...
In recent case law the courts have spent considerable time trying to juggle how far to extend that duty of the third party to protect the person they are dealing with, with the countervailing policy consideration that family homes are an important source of collateral for people who wish to start their own business or otherwise raise finance.