Example sentences of "the [noun] of [art] parties ' " in BNC.
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1 | Held , dismissing the appeal ( Lord Keith of Kinkel and Lord Jauncey of Tullichettle dissenting ) , that although the common law had previously only admitted recovery of money exacted under an unlawful demand by a public authority where the payment had been made under a mistake of fact or under limited categories of compulsion , which did not apply to the payments by the building society , the nature of a demand for tax or similar impost on the citizen by the state , with the perceived economic and social consequences of non-payment stemming from the inequality of the parties ' respective positions , and the unjust enrichment falling on the state where the citizen paid an unlawful demand to avoid those consequences , warranted a reformulation of the law of restitution so as to recognise a prima facie right of recovery based solely on payment of money pursuant to an ultra vires demand by a public authority ; and that , accordingly , since the building society 's claim fell outside the statutory framework governing repayment of overpaid tax , it was entitled at common law to repayment of the sums from the dates of payments and to interest in respect thereof pursuant to section 35A of the Supreme Court Act 1981 ( post , pp. 384H , 387D , F–G , 389B , 390F — 391C , E–F , 392E , 396C , 414B–C , F–G , 415E–F , 416A–B , 417B , 418A–C , E–F , 421D–F , G ) . |
2 | The differentiation of the parties ' approaches also takes account of variations in government/opposition roles , the influence of key personalities , the interpretation of socialist ideology , attitudes towards national sovereignty and supranationalism , the influence of geographic considerations , and distinctive historical legacies peculiar to particular societies . |
3 | That definition will have to keep the issue within the framework of the parties ' original contract , but precision within that framework will save costs and uncertainty . |
4 | The Herbert Act did not challenge the presumption that divorce law was intended to achieve a verdict on the morality of the parties ' conduct . |
5 | 11.5 Clauses 7 , 8 and 9 and , to the extent necessary , clauses 5 and 6 shall continue notwithstanding termination of this Agreement or the fulfillment of the parties ' other obligations under this Agreement . |
6 | The basis of the parties ' appeal to the country is the election manifestos that they issue . |
7 | It may be possible to argue that the parol evidence rule applies and that the signed document contains the whole of the parties ' agreement , which can not be supplemented or varied by reference to any other document or oral agreement . |
8 | However , the parol evidence rule is now generally regarded merely as a rule of presumed intention ; it is therefore generally possible to avoid it if it can be shown that the written document was not intended to contain the whole of the parties ' agreement ( J Evans and Son ( Portsmouth ) Ltd v Andrea Merzario Ltd [ 1976 ] 1 WLR 1078 ) or that the written agreement was supplemented by a collateral agreement , either oral or in writing ( De Lasalle v Guildford [ 1901 ] 2 KB 215 ; Brikom Investments Ltd v Carr [ 1979 ] QB 467 ) . |
9 | A clause , such as is commonly found in standard terms , providing that the whole of the parties ' obligations are defined by the written agreement may also be caught by s3(2) ( b ) if , in fact , the contract is partly written and partly oral as a result of oral undertakings given alongside the written contract . |
10 | The application of such legal rules as those concerned with implied terms and frustration will often be uncertain , creating scope for disputes as to the extent of the parties ' rights and liabilities , costing valuable time and money . |
11 | The money was demanded by the state from the citizen and the inequalities of the parties ' respective positions is manifest even in the case of a major financial institution like Woolwich . |