Example sentences of "[conj] [vb mod] [adv] have " in BNC.

  Next page
No Sentence
1 Claims for restitution have to be made however ( a ) within three years from the time when the claimant knew or ought reasonably to have known of the location , or the identity of the possessor of the object , and ( b ) in any case within a period of thirty years from the time of the theft .
2 It is , however , possible for the seller to be exempted from liability under sections 13 to 15 of the Sale of Goods Act , but only in so far as the seller can show that the exemption clause satisfies the requirement of reasonableness , i.e. that it was a ‘ fair and reasonable one to be included having regard to circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made ’ ( section 11 ) .
3 ‘ 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 . ’
4 A common law duty of care is owned by a person providing reports or advice under the law of contract to his client and under the law of tort , to those whom he knew , or ought reasonably to have known , or should have foreseen , might rely on his reports or advice .
5 The test is laid out in section 11 of the Unfair Contract Terms Act 1977 which requires that the term be : fair and reasonable … having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made .
6 The producer will only be liable where he knew or ought reasonably to have known of the defect .
7 The proposed investors in the management buy-out could be liable with the buy-out team if they acquire and misuse confidential information , when they knew or ought reasonably to have known that it was obtained in breach of the director 's duties .
8 Section 11(1) applies the test of reasonableness to an exemption clause by asking whether it is a " fair and reasonable [ exemption clause ] to be included having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made " .
9 ( 3 ) Whether the customer knew or ought reasonably to have known of the term .
10 Section 11(1) of the UCTA states that the test for reasonableness is that the term must have been " a reasonable and fair one … having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made " .
11 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 ) " .
12 In relation to a contractual exclusion clause , the test is whether the clause was " a fair and reasonable one to be included " in the contract " having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made " ( UCTA 1977 , s11(1) .
13 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 .
14 Section 11(1) of the 1977 Act states : 11 – ( 1 ) In relation to a contract term , the requirement of reasonableness for the purposes of this Part of this Act , section 3 of the Misrepresentation Act 1967 and section 3 of the Misrepresentation Act ( Northern Ireland ) 1967 is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made .
15 No guidelines are given for the interpretation of s8 except that the term to be included must have been a fair and reasonable one having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of , the parties when the contract was made ( s11(1) ) .
16 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 .
17 Instability was greatest at periods of high sedimentation at the onset of deglaciation , when ice sheets reached or may even have extended beyond the shelf break .
18 A beat that sets out for a destination may have to renavigate on the way or may even have to change destination .
19 Perhaps Edward indeed was reluctant to embark on that wholesale hanging ; or may merely have assessed that this way he would force the Scots army into a rash and costly attack which he could repulse , and then get Berwick 's surrender .
20 — With Mr. Gould all this is very different — he has sufficient to live on , whether his subscribers pay or not , & can well afford the innumerable little expenses of printing — but for poor I — I have just nine and twenty times resolved to give up Parrots & all — & should certainly have done so — had not my good genius with vast reluctance just 9 & 20 times set me a going again . ’
21 Other unions which had either supported the earlier feasibility study , or might otherwise have been expected to be sympathetic , came up with only feeble amounts .
22 Wages that you earn or could reasonably have earned during your notice period will be taken into account when assessing compensation .
23 Awarding the damages , with costs , against London Underground , which accepted liability but contested the amount , Mr Justice Otton said : ‘ Mr Hale is probably one of the most courageous men I have ever had , or shall ever have , the privilege of meeting .
24 If a form E111 had been obtained from Department of Health and Social Security , prior to departure , then the claimant should not have to pay the bill or would only have to pay a proportion of the bill at the hospital/clinic , where the treatment was received .
25 It can also be argued that there are many references in the Old Testament to conditions that may well have been syphilis .
26 Like Julian , perhaps , Teresa also had an illness that may well have had a psychological aspect and which brought her to the brink of death ; her autobiography and spiritual writings show how she brought herself a physical and spiritual healing .
27 The Ariadne carried an immense and , to the uninitiated , quite bewildering variety of looking and listening instruments that may well have been unmatched by any naval ship afloat .
28 It is possible that those who are ‘ destined ’ to develop reflux oesophagitis have predisposing oesophageal motor abnormalities that may well have an inherited component .
29 It is rather Britain that has chosen the Italian road and opted for a one-party state that may soon have more difficulty in government than it imagines .
30 It is clear that some elderly patients can benefit from surgery that may previously have been denied on the grounds of age alone .
  Next page