Example sentences of "that a breach of " in BNC.

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1 Hirst and Peters explain that the confusion arises because one of the logically necessary conditions for the existence of punishment , that it must be inflicted on an offender as a consequence of a breach of rules , is closely linked to the idea that a breach of rules is a breach of discipline .
2 The police argued that they had reasonably apprehended that a breach of the peace might occur if there had been more than two pickets at each entrance .
3 He also insists that a breach of legal duty occurs only when a person chooses to violate a criminal law , this requirement of choice being signified legally by the doctrine of mens rea .
4 From the foregoing discussion it is obvious that , as things currently stand , any person attempting to recover damages from an insider will , under s.62 as amended , face enormous difficulties in proving not only that a breach of the relevant insider dealing rule has actually occurred , but also that he has suffered a loss as a result of it .
5 dissenting ) that a breach of article 30 would not of itself give rise to a claim in damages by the injured party .
6 The Divisional Court held that he was properly convicted on the ground that the police officer had reasonable grounds for anticipating that a breach of the peace was a real possibility .
7 It was argued that a breach of natural justice at the original hearing conducted by racing stewards could not be cured by an appeal to a committee of the Australian Jockey Club since there would be nothing to appeal against , the first decision being a nullity .
8 It may well be that the police did have justification in their reasonable fear that a breach of the peace would ensue if they did not remain where they were , and if they did not issue instructions to the appellants to leave .
9 For these reasons , Coffin is perhaps better seen as a case in which the Divisional Court , contrary to the evidence , concluded that the situation was such that a breach of the peace was likely , and that the officers were seeking to prevent that at the time when the assault took place .
10 It was accepted that the Chief Constable and the inspector actually and reasonably apprehended that a breach of the peace would result if the meeting of July 30 , 1934 , the subject of these proceedings , were held .
11 The justices found that the appellant must have known of the possibility that a breach of the peace was a probable consequence of her conduct , and that she was not unwilling that this should come about .
12 In Albert v. Lavin the question posed for the House of Lords was ‘ whether a constable who reasonably believes that a breach of the peace is about to take place is entitled to detain any person without arrest to prevent that breach of the peace in circumstances which appear to him to be proper . ’
13 The incident took place in the course of the miners ' strike , within several miles of four collieries , and the policeman in charge said that he had reason to fear that a breach of the peace would occur if the miners continued on their journey .
14 Their contention was that the constable must have a specific fear in mind ; ‘ he must be able to say which pit , which miners and when , ’ and that it must have been clear from the words and deeds of the appellants themselves ( and the others associated with them on the spot ) that a breach of the peace would ensue .
15 Because of the association between ‘ peace ’ and ‘ quiet , ’ there is a natural tendency to suppose that a breach of the peace is ‘ any behaviour that disturbed or tended to disturb the tranquility of the citizenry . ’
16 Neither the court nor a Chief Constable could compel an officer to do acts which can only lawfully be done if the officer himself with reasonable cause suspects that a breach of the peace has occurred or is imminently likely to occur .
17 Section 30(1) does not , however , apply where a contract is severable , i.e. where the parties have agreed that delivery can be made in instalments and , on a true construction of the contract , the parties did not intend that a breach of one consignment was to justify rejection of them all , Regent v. Francesco ( 1981 Q.B. ) .
18 This is that a breach of a statutory requirement constitutes negligence where the statute was passed to prevent a mischief in respect of which the defendant was already under a duty at common law .
19 The plaintiff issued a writ against the defendant claiming that a breach of confidence had occurred .
20 The important point for the present is that the above clauses leave no room for doubt that a breach of contract will justify the victim in terminating the contract .
21 It is an implied term of the contract that the seller should have a right to sell the goods ( SGA 1979 , s12 ) and it has been held that a breach of this implied condition amounts to a total non-performance of the contract by the seller .
22 Belfast Women 's Aid , and other pressure groups , have been lobbying for the clarification of the law since a judgement in 1991 , by Mr Justice Petrie , recorded that a breach of an order was a civil matter .
23 And this involves both the right to decide that a breach of the law of nature has taken place , a right to decide what punishment is appropriate and also a right erm to implement this judgment .
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