Example sentences of "6(1) of [art] " in BNC.
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| 1 | However bringing that claim within the scope of Article 6(1) of the Convention raises a series of problems . |
| 2 | Under section 6(1) of the Act a court will not be able to pass a community sentence unless it is of the opinion that the offence ( or the combination of any two of the offences concerned ) is sufficiently serious to justify such a sentence ( it is a question of argument whether this is a reference to any kind of community sentence , or to the particular kind of community sentence which the court has in mind ) . |
| 3 | On 8 May the case was adjourned for a committal for trial under section 6(1) of the Magistrates ' Courts Act 1980 . |
| 4 | On 8 May 1989 the case was adjourned for a committal for trial under section 6(1) of the Magistrates ' Courts Act 1980 and on 21 September 1989 committal proceedings started . |
| 5 | Lord Bridge did not in fact refer to section 6(1) of the Act of 1977 which was the precursor to section 69(1) , but I accept that he must be assumed to have had it in mind . |
| 6 | ‘ ( 1 ) ( a ) Must article 6(1) of the E.E.C . |
| 7 | The applicable law , if a person is accused of committing a crime in this country , is to be found in section 6(1) of the Magistrates ' Courts Act 1980 , which provides that : |
| 8 | Held , dismissing the appeal , that the liability imposed under section 1(1) of the Act of 1978 was intended by Parliament , by virtue of section 6(1) of the Act , to enable claims for contribution to be made as between parties who had no claim for contribution under the general law , and applied whenever a plaintiff had a cause of action against a third party in respect of the same damage as gave rise to his cause of action against the defendant , irrespective of the legal basis of the liability ; and that , accordingly , the defence of ex turpi causa non oritur actio could not be relied upon in answer to a claim for contribution under the Act ; and that , since there was sufficient possibility of the third party being found liable for some part of the plaintiffs ' loss , there were no grounds for striking out the third party notice ( post , pp. 1022H — 1023A , G–H , 1024G — 1025D ) . |
| 9 | Mr. Whitaker relied upon the wording of section 6(1) of the Act of 1978 , which says that a party is liable in respect of any damage , and so potentially in the position of being able to claim or having to make contribution , ‘ whatever the legal basis of his liability , whether tort , breach of contract , breach of trust or otherwise . ’ |
| 10 | Apart from other considerations , it is manifest that the words of section 6(1) of the Act of 1978 are intended to be interpreted widely , hence the use of the words ‘ whatever the basis of his liability ’ and the emphasis added by the word ‘ otherwise ’ at the end of the enumerated causes of action . |
| 11 | To permit the ex turpi causa defence to be relied upon as an answer to such a claim would , in my view , narrow to a substantial extent the deliberately wide wording of section 6(1) of the Act of 1978 and would , in effect , make a claim for contribution subject to a condition precedent which is not to be found in the Act . |
| 12 | Section 6(1) of the UCTA states that ( under any contract for the sale or hire purchase of goods , not merely business contracts — see s 6(4) ) liability for breach of the obligations arising from the warranties as to title and quiet possession implied under SGA 1979 , s 12 ( in relation to sale of goods ) and s 8 of the Supply of Goods ( Implied Terms ) Act 1973 ( in relation to goods disposed of on hire purchase ) can not be excluded or restricted by reference to any contract term . |
| 13 | Section 6(1) of the UCTA gives rise to particular problems in the area of infringement of third party intellectual property rights , and in relation to clauses which attempt to exclude by blanket wording all warranties implied by the SGA , or which provide for exclusion of liability generally ( such as those excluding liability for economic loss or capping total liability under the contract by reference to a monetary amount ) . |
| 14 | Section 17 of the SGSA inserts a new subsection 3A in s 7 of the UCTA , which is equivalent in its operation to s 6(1) of the UCTA , and thus prevents exclusion of liability for breach of the warranties implied by s 2 of the SGSA . |
| 15 | Section 7(3A) of the UCTA gives rise to the same issues as s 6(1) of the SGA , in relation to infringement of third party intellectual property rights , clauses excluding all implied warranties , and clauses limiting liability under the contract as a whole . |