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The hardship clause is sometimes used in relation to force majeure, particularly because they share similar features and they both cater to situations of changed circumstances. The difference between the two concepts is that hardship is the performance of the disadvantaged party becoming much more burdensome but still possible.
Clausula rebus sic stantibus comes from Latin (where rebus sic stantibus is Latin for "with things thus standing" or, more idiomatically, "as things stand").. A key figure in the formulation of clausula rebus sic stantibus was the Italian jurist Scipione Gentili (1563–1616), who is generally credited for coining the maxim omnis conventio intelligitur rebus sic stantibus ('every convention is ...
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]
The presiding judge created a quaint concept of an officious bystander; if the officious bystander were to propose a term and both the parties would be likely to reply "oh, of course", the term is implied. Obviousness: The term is so obvious that it goes without saying. Furthermore, there must be one and only one thing that would be implied by ...
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 .
Typically, to show it, the merchant must be subjected to undue hardship and/or surprise as a result of the varied term, as measured by the industry involved. It is well established that disclaimer of warranty, indemnification, and arbitration are all clauses that do constitute material alterations.
The Language Learning Centre, established in July 2021, is a place for editors who may frequently translate articles from other Wikipedias and use a variety of different languages sources to develop their skills so that they can at least improve their understanding of text on another language Wikipedia and not solely rely on automated translation.
In modern English law, sellers often avoid using the term "represents" in order to avoid claims under the Misrepresentation Act 1967, while in America the use of "warrants and represents" is relatively common. [79] English courts may weigh parties' emphasis in determining whether a non-contractual statement is enforceable as part of the contract.