Example sentences of "of dealing [prep] the " in BNC.
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| 1 | ‘ Where a right , duty or liability would arise under a contract of sale of goods by implication of law , it may ( subject to the Unfair Contract Terms Act 1977 ) be negatived or varied by express agreement , or by the course of dealing between the parties , or by such usage as binds both parties to the contract . ’ |
| 2 | ‘ The matters to which regard is to be had in particular … are any of the following which appear to be relevant — ; ( a ) the strength of the bargaining positions of the parties relative to each other , taking into account ( among other things ) alternative means by which the customer 's requirements could have been met ; ( b ) whether the customer received an inducement to agree to the term , or in accepting it had an opportunity of entering into a similar contract with other persons , but without having to accept a similar term ; ( c ) whether the customer knew or ought reasonably to have known of the existence of the term ( having regard , among other things , to any custom of the trade and any previous course of dealing between the parties ) ; ( d ) where the term excludes or restricts any relevant liability if some condition is not complied with , whether it was reasonable at the time of the contract to expect that compliance with that condition would be practic-able ; ( e ) whether the goods were manufactured , processed or adapted to the special order of the customer . ’ |
| 3 | ( 5 ) This section is subject to any usage of trade , special agreement , or course of dealing between the parties . ’ |
| 4 | The price in a contract of sale may be fixed by the contract , or may be left to be fixed in a manner agreed by the contract , or may be determined by the course of dealing between the parties . |
| 5 | ‘ Where a right , duty or liability would arise under a contract of sale of goods by implication of law , it may ( subject to the Unfair Contract Terms Act 1977 ) be negatived or varied by express agreement , or by the course of dealing between the parties , or by such usage as binds both parties to the contract . ’ |
| 6 | ( 3 ) A retiring partner may be discharged from any existing liabilities , by an agreement to that effect between himself and the members of the firm as newly constituted and the creditors , and this agreement may be either express or inferred as a fact from the course of dealing between the creditors and the firm as newly constituted . |
| 7 | Schedule 2 to the UCTA 1977 provides that , in assessing the reasonableness of a clause under the Act , the court should take into account " whether the customer knew , or ought reasonably to have known of the existence and extent of the term ( having regard , amongst other things , to any custom of the trade and any previous course of dealing between the parties ) " . |
| 8 | The crucial factor in deciding if a course of dealing exists is the frequency of dealing between the parties . |
| 9 | The factors which the court is to take into account under Sched 2 are : ( a ) the strength of the bargaining positions of the parties relative to each other , taking into account ( among other things ) alternative means by which the customer 's requirements could have been met ; ( b ) whether the customer received an inducement to agree to the term , or in accepting it had an opportunity of entering into a similar contract with other persons , but without having to accept a similar term ; ( c ) whether the customer knew or ought reasonably to have known of the existence and extent of the term ( having regard , among other things , to any custom of the trade and any previous course of dealing between the parties ) ; ( d ) where the term excludes or restricts any relevant liability if some condition is not complied with , whether it was reasonable at the time of the contract to expect that compliance with that condition would be practicable ; ( e ) whether the goods were manufactured , processed or adapted to the special order of the customer . |
| 10 | Open price contracts are specifically provided for in ss8 and 9 of SGA 1979 which state : 8 – ( 1 ) The price in a contract of sale may be fixed by the contract , or may be left to be fixed in a manner agreed by the contract , or may be determined by the course of dealing between the parties . |
| 11 | These guidelines , although not exhaustive of the factors to be considered , include the following : ( a ) the strength of the bargaining positions of the parties relative to each other , taking into account ( among other things ) alternative means by which the customer 's requirements could have been met ; ( b ) whether the customer received an inducement to agree to the term , or in accepting it had an opportunity of entering into a similar contract with other persons , but without having to accept a similar term ; ( c ) whether the customer knew or ought reasonably to have known of the existence and extent of the term ( having regard , among other things , to any custom of the trade and any previous course of dealing between the parties ) ; ( d ) where the term excludes or restricts any relevant liability if some condition is not complied with , whether it was reasonable at the time of the contract to expect that compliance with that condition would be practicable ; ( e ) whether the goods were manufactured , processed or adapted to the special order of the customer . |
| 12 | In consequence , police modes of thought build up into classifiable systems of praxis which are the product of dealing with the extremes of social experience . |
| 13 | Michael Tye , in his recent book The Metaphysics of Mind ( Cambridge , 1989 ) , has a way of dealing with the difficulty which , if it worked , would solve the materialist 's problem . |
| 14 | This operation was carried out as the only possible way of dealing with the menace of the drug dealers . |
| 15 | In March 1931 , Sir john Simon spoke of socialism as ‘ a poisonous doctrine ’ and declared that he would not close his mind to tariffs as a method of dealing with the economic crisis . |
| 16 | Normally ( see Fig. 3.2 ) cortisol is secreted mainly around the time of waking and this seems to be part of dealing with the ‘ stress ’ of waking up and preparing for the new day . |
| 17 | ‘ Nobody stops to consider the problems of drafting , or whether the new act of parliament is the best way of dealing with the problem at hand , ’ he said . |
| 18 | The choice of film seemed appropriate on the day the simmering dispute boiled over with growing frustration and bitterness among the staff , many of whom attended the Clapham train disaster and are veterans of dealing with the aftermath of IRA bomb blasts . |
| 19 | Most of the police station meeting was taken up by discussion between council officers and the police on security for the Ks and ways of dealing with the club — to which the council , just to complicate matters further , had indemnified a £100,000 loan . |
| 20 | In principle , they can fix their financial risks and get on with the job of dealing with the commercial ones . |
| 21 | By the late 1920 , following the General Strike and the problem of dealing with the Poor Law authorities , Baldwin decided that the Conservatives would fight the 1929 General Election on its past record rather than a future commitment to major social reform . |
| 22 | The British public were cautious and it took the Second World War to inspire a new , and more forward-looking , attitude to the problem of dealing with the economy and unemployment . |
| 23 | This common feeling , shared by the knights from the shires scattered along the Conservative back benches in the Commons , was more than mere aristocratic disdain , although if you were already seated in a large country estate it cast a different light upon the tiresome business of dealing with the Whitehall bureaucracy . |
| 24 | But behind the imminent business of dealing with the Scotland of the early 1560s lay the even more complex matter of appreciating the nature of her kingdom , and the particular qualities needed for successful royal rule . |
| 25 | ‘ It is not a good way of dealing with the battle against doping , ’ he added . |
| 26 | Mr Ken Hipwood of Anglian Water said that the costs of dealing with the nitrate problem had been calculated but they were being kept secret . ’ |
| 27 | It may well be possible to find ways of dealing with the demands of the various themes of these acts by yet greater dependence upon the hierarchical/control model — indeed it almost certainly will be — but at what level of success in terms of the educational needs of the pupils and at what cost to the motivation of staff ? |
| 28 | After the hassle of dealing with the subtle sunlight of evening , it was a sheer relief to set up tripod at the Moorea Village Hotel , and shoot a few of the guests relaxing at sunset beneath the convenient palm-tree across the still waters of the swimming pool ( figure XX ) . |
| 29 | Madame always had a little stage set up there at the end , and I remember thinking at the time , well , seven nights in a week and seven different acts , it 's one way of dealing with the situation . |
| 30 | It was around this point , in the midst of dealing with the many demands being made on my attention , that I happened to glance out of a window and spotted the figure of the young Mr Cardinal taking some fresh air around the grounds . |