Example sentences of "party [Wh pn] [vb -s] [verb] [prep] " in BNC.
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| 1 | The party who seeks to rely on an exclusion clause must show that he/she falls within its protection , and if the clause is in any way ambiguous , the clause will be given the meaning least favourable to the interests of the proferens . |
| 2 | The burden of proving that a clause satisfies the reasonableness test is on the party who seeks to rely on the clause . |
| 3 | A party who wishes to appeal from a decision of an expert will be able to do so only : ( 1 ) if the expert has decided the wrong issue ; or ( 2 ) if the expert has asked himself the wrong question : see 13.6.8 . |
| 4 | A party who wishes to appeal from an arbitration award will be able to do so only : ( 1 ) if he has not entered into an international contract where the right to appeal has been excluded ; or ( 2 ) if he has not agreed to exclude the right to appeal after the dispute has arisen ; or ( 3 ) if the subject-matter is admiralty , commodities or insurance ; or ( 4 ) if he is challenging a finding where there is a need to interpret certain standard form contracts ; or ( 5 ) if he is challenging a finding which is plainly and seriously wrong . |
| 5 | A party who wishes to rely on an exclusion clause can expect that , in the event of a dispute or litigation , its opponent will raise every argument possible , whether common law or statutory , to challenge the effectiveness of the clause . |
| 6 | However , a breach of condition may be used to justify termination by a party who wants to escape from a contract for commercial reasons . |
| 7 | 4.5 In Lim Poh Choo v Camden and Islington Area Health Authority [ 1980 ] AC 174 ( per Lord Scarman giving the main speech with which the rest of their Lordships agreed ) the House of Lords re-affirmed what Lord Blackburn had said over 100 years ago : " the principle of the law is that compensation should as nearly as possible put the party who has suffered in the same position as he would have been if he had not sustained the wrong " ( Livingstone v Rawyards Coal Co ( 1880 ) 5 App Cas 25 , 39 ) . |