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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]
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.
Material is defined as anything that may cause undue hardship/surprise, or is a significant element of the contract. If there is no contract under 2-207(1), then under UCC Sec. 2-207(3), conduct by the parties that recognize there is a contract may be sufficient to establish a contract.
Key takeaways. If your state overpays your unemployment insurance benefits, you’ll typically need to repay by a set due date, file an appeal or request an overpayment waiver with the state, or ...
Federal agencies can be in legal compliance and still not meet the technical standards. Section 508 §1194.3 General exceptions describe exceptions for national security (e.g., most of the primary systems used by the National Security Agency (NSA)), incidental items not procured as work products, individual requests for non-public access, fundamental alteration of a product's key requirements ...
Hardship withdrawals must stay within the limits of the actual financial hardship, however that’s defined by the plan. For example, a 401(k) hardship withdrawal is limited to the immediate ...
Medicaid estate recovery is a required process under United States federal law in which state governments adjust (settle) or recover the cost of care and services from the estates of those who received Medicaid benefits after they die.
The balance of hardships inquiry is also sometimes called the "undue hardship defense". [19] A stay pending appeal is a mechanism allowing a losing party to delay enforcement of an injunction while appeal is pending after final judgment has been granted by a lower court. [20]: 871