Example sentences of "[verb] at [adj] law " in BNC.

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1 The position of aircraft has also been clarified at common law .
2 Here the position that the plaintiff seeks to establish at common law is broadly consistent with the legislative policy evidenced by the Act of 1976 .
3 Some help may come from looking at large law and consulting firms , where even the most senior partners tend to be specialists , and associates who will not make partner are outplaced fairly early on .
4 A public nuisance is both a crime , i.e. misdemeanour at common law and a tort , i.e. a civil wrong giving rise to damages .
5 In the case of an indemnifier who is not a consumer , the question to be asked is whether , in the absence of the indemnity , the indemnitee would have been obliged at common law to compensate the indemnifier for the economic loss suffered as a result of having to pay out on the third party claim .
6 The answer differs according to whether the contract was avoided by section 7 or frustrated at common law .
7 It is an example of construction : the liberality lies in finding a legal framework for an intention which could not work at civil law : that any acquirer of the money should be liable under the trust .
8 It is proposed first of all to consider the new enhanced investigative powers of the regulatory authorities and then to look at civil law remedies , both common law and statutory .
9 In N.C.B. v Thorne it was held that the word ‘ nuisance ’ in s.92(1) ( a ) of the Public Health Act 1936 must mean either a public or private nuisance as understood at common law .
10 While not a new power , it was one not greatly recognised or understood at common law .
11 He concluded that , albeit the discretion he had under section 78 of the Act of 1984 might be wider than the discretion at common law , the criteria of unfairness were the same whether the discretion was being exercised at common law or under the statute , that paragraph C10.1 had no application to the situation , and that admission of the challenged evidence would not have an adverse effect on the fairness of the trial within section 78 .
12 Two types of legal nuisance are recognised at common law : private nuisance and public nuisance .
13 The grounds of the appeal were that ( 1 ) the judge had erred in law in holding that the plaintiff had at common law a cause of action in negligence against the defendants arising out of physical injury suffered by her before her birth and whilst still an embryo of about six weeks ' gestation en ventre sa mère and ( 2 ) the judge ought to have held that no cause of action was recognised at common law in favour of a living plaintiff in respect of physical injury suffered antenatally .
14 If so , it is then relevant to consider whether ( a ) such conduct falls within the general scope of any duty imposed by statute or recognised at common law and ( b ) whether such conduct , albeit within the general scope of such a duty , involved an unjustifiable use of powers associated with the duty . ’
15 Indeed , strictly , agreement is not necessary on price or delivery date : if no price is agreed , it will be implied that the buyer of goods will pay a reasonable price ( Sale of Goods Act 1979 ( SGA 1979 ) , s8(2) ) and , if no date is agreed for delivery of the goods , that they will be delivered within a reasonable time , and at a reasonable hour ( SGA 1979 , s29(3) , ( 5 ) ; strictly s29(3) only applies where the seller is bound to send the goods to the buyer , but a similar , more general rule applies at common law : see below Chapter 7 ) .
16 The foregoing indemnities shall be in addition to any rights that any Indemnified Person may have at common law or otherwise and shall remain in full force and effect not withstanding KPMG 's engagement hereunder may be terminated .
17 The origin of the duty is to be found at common law though it is reinforced by certain provisions in the Partnership Act .
18 As long as any feudal dues remained valuable the lords desired to protect them , and rules about title to land at common law were developed to aid this process .
19 It could limit or remove altogether certain rights presumed to exist at common law .
20 If that view were correct , it would appear to pre-empt Woolwich 's arguments in favour of a right to repayment arising at common law , though it is fair to say that this was not the position adopted by counsel for the revenue before your Lordships ' House .
21 Held , dismissing the appeals , ( 1 ) that , in considering the discretion to exclude evidence on the ground of unfairness , it could not sensibly be judged by different standards depending on the source of the discretion , for the criteria of unfairness were the same whether the discretion arose at common law or under section 78 of the Act of 1984 ; and that , since the judge had considered the operation including obtaining the fingerprints as a whole , the exercise of his discretion was not only not unreasonable but was correct ( post , pp. 234H — 235A , 236A ) .
22 If the seller of goods gives an express warranty in respect of them , he will still be subject to the liabilities created by the implied terms in the SGA ( SGA 1979 , ss13-15 ) unless those liabilities are expressly excluded : for instance by a term such as : This warranty is given instead of , and excludes , all other express or implied conditions , warranties or other contractual undertakings concerned with any of the following : ( i ) the condition or quality of the goods , ( ii ) their fitness for any particular purpose , ( iii ) their compliance with any description which might otherwise arise at common law or under any statute .
23 A married woman , on the other hand , had at Common Law a very peculiar status involving both disabilities and privileges .
24 The grounds of the appeal were that ( 1 ) the judge had erred in law in holding that the plaintiff had at common law a cause of action in negligence against the defendants arising out of physical injury suffered by her before her birth and whilst still an embryo of about six weeks ' gestation en ventre sa mère and ( 2 ) the judge ought to have held that no cause of action was recognised at common law in favour of a living plaintiff in respect of physical injury suffered antenatally .
25 Coburn v. Colledge was a case arising from a contract for services and it is well established at common law that the cause of action in such cases accrues when the work is complete .
26 ‘ I agree with my brother Jenkins ' observation , made in the course of the argument , that the position of someone against whom an order for possession has been made , and then suspended at common law or under section 5(2) of the Rent Act of 1920 is sui generis .
27 Held , allowing the appeal , that , notwithstanding the general principle that a trading or non-trading corporation was entitled to sue in libel to protect so much of its corporate reputation , as distinct from that of its members , as was capable of being damaged by a defamatory statement , a local authority , as a corporate public authority , was not entitled at common law to sue for libel to protect its governing reputation ; that to allow it to do so would impose a substantial and unjustifiable restriction on freedom of expression , since an action for malicious falsehood , or a prosecution for criminal libel , provided the local authority with the sufficient and necessary protection it required in a democratic society ; and that , therefore , the local authority could not maintain its libel action for any words which reflected on it as the county council for Derbyshire in relation to its governmental and administrative functions in that county ( post , pp. 41H , 48F–G , H — 49B , 56B–C , 58A–B , 59F–G , 65B–C , F ) .
28 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 ) .
29 Again , this only applies to suppliers acting in the course of business , although a similar term would be implied at common law .
30 There may still be some other warranties implied at common law in contracts of these types , both those covered by , and those outside the scope of , the SGSA .
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