Example sentences of "apply where [art] " in BNC.
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| 31 | This could apply where the plaintiff has made an unreasonable use of the product . |
| 32 | Further , certain exceptions can apply where the buyer has possession only of documents of title . |
| 33 | The duty to mitigate does not apply where the innocent party refuses to accept the anticipatory breach as a repudiation . |
| 34 | The same reasoning does not apply where the money is sent by a stranger , in which case it can only be accepted on the terms upon which it is sent . |
| 35 | Many permutations do exist but as a general rule , the matching of items clause should apply where the remaining undamaged parts of a set or suite can still fulfill the role for which they were purchased . |
| 36 | The Regulations are intended to protect ordinary consumers and therefore do not apply where the customer is a company or corporate body or where the customer is making the contract for his business purposes . |
| 37 | This restriction on the buyer 's rights would apply only to breaches of the conditions in sections 13–15 and would not apply where the contract clearly specified to the contrary . |
| 38 | Other rates may apply where the development is acquired second hand , or is merely a refurbishment of an existing industrial building . |
| 39 | ( 3 ) Subsection ( 1 ) above shall not apply where the supply of the goods or the doing of the service is contrary to law , or where the service done is such that payment is not legally enforceable . |
| 40 | This defence will apply where the damage which the plaintiff has suffered was caused partly by his own fault and partly by the fault of the defendant . |
| 41 | The Act will only apply where the damage was caused partly by the fault of the defendant and partly by the fault of the plaintiff . |
| 42 | The Act will apply where the premises are being used for business purposes as defined in s. 1(3) . |
| 43 | The major drawback with the section is that it does not apply where the dwelling is protected by an NHBC scheme ( s. 2 ) . |
| 44 | Automatic transfer does not apply where the defendant lives outside England and Wales ( Ord 1 , r 13 ) . |
| 45 | However , as was pointed out by the Court of Appeal in Coward v Comex Houlder Diving Ltd ( 1988 ) ( reported in Kemp & Kemp , Section M , para27-322 ) the conventional percentage does not necessarily apply where the wife had been earning a considerable sum herself prior to her husband 's death or presumably where she had a substantial private income : see also Davies v Hawes ( 1990 ) reported in Kemp & Kemp , Section M , para27-323 . |
| 46 | The SFA requirements relating to notifications , consents or instructions to or from indirect customers who are treated as the firm 's customers ( see page 25 above ) , and customer agreements with them , can be discharged by reference to the intermediary ; this , however , does not apply where the intermediary acts for only one indirect customer . |
| 47 | This will also apply where the child intends to represent himself in the proceedings and is capable of doing so . |
| 48 | 5.5 Decoration [ As often as may in the [ reasonable ] opinion of the Surveyor be necessary in order to maintain a high standard of decorative finish and attractiveness and to preserve the Premises or In each of the Decorating Years ] and in the last year of the Term to redecorate the Premises in a good and workmanlike manner and with appropriate materials of good quality [ to the [ reasonable ] satisfaction of the Surveyor ] the tints and colours and patterns of such decoration to be approved by the Landlord [ provided that the covenants relating to the last year of the Term shall not apply where the Tenant shall have redecorated the Premises less than [ 18 ] months prior to the expiry of the Term ] Most tenants would not wish to be under an obligation to redecorate the interior or exterior of the premises more frequently than every five years , although this is a matter for negotiation . |
| 49 | This rule only applies where the specific listed items have some common feature so that a genus can be identified , and it may not apply where the general word precedes the list . |
| 50 | It is accepted that the rule does not apply where the party seeking to rely on the document was guilty of fraud . |
| 51 | Different considerations might apply where the agent 's misrepresentation is about the effect of the document which deprives him of apparent authority . |
| 52 | In any case , s3(2) ( b ) ( i ) will only apply where the variation from the anticipated performance is 'substantial " . |
| 53 | Thus , it does not apply where the evidence establishes the existence of a collateral contract ; where it can be shown that the document was not intended as a complete record of the contract terms ; where its existence or operation was dependent upon some prior unexpected stipulation ; or where it was procured by some illegality or misrepresentation . |
| 54 | Rate of charge on capital distribution Where the property was held on discretionary trust before 26th March , capital distributions of the settled property to individuals who became beneficially entitled to it will be charged only the following fractions of the tax that would otherwise be charged on capital distributions of the settled property : These reliefs will also apply where an interest in possession comes into existence in property previously held on discretionary trust . |
| 55 | Rates of CTT chargeable on the coming to an end of an interest in possession during the lifetime of the beneficiary On a separate matter , it is right that I should inform the Committee , for the avoidance of doubt , that the lower rates of CTT announced by the Chief Secretary on 5th February which would apply to transfers of value occurring during the lifetime of the transferor will also apply where an interest in possession comes to an end during the lifetime of the person beneficially entitled to that interest . |
| 56 | These Part II privileges are " subject to explanation and contradiction " — which means that they will not apply where an editor or programme controller has refused the plaintiff 's request to publish a reasonable statement in reply , or has done so in an inadequate manner . |
| 57 | This often applies where a patient is faced by alternative choices . |
| 58 | It is not necessary because section 6(3) ( b ) is capable of being given full effect without any such implication : it applies where a school is under-subscribed and yet seeks to refuse certain applicants who have expressed a preference for that school : Parliament has indicated that if spaces are to remain unfilled because of admission criteria such criteria have to be agreed with the local education authority . |
| 59 | This reasoning applies where a person goes to the aid of another whom he believes to be under attack . |
| 60 | The rule usually applies where a genus can be found . |