Example sentences of "if it [is] established that [art] " in BNC.

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1 A third party right can not be revoked or modified by the parties if it is established that the right was not intended to be so revocable or modifiable without the third party 's consent .
2 In all the provisions there are exception clauses : an obligation can be revoked or modified only with consent ‘ unless it is established they had otherwise agreed ’ ; assent shall be presumed ‘ so long as the contrary is not indicated ’ ; a right may not be revoked or modified ‘ if it is established that the right was intended not to be revocable ’ .
3 ‘ if a creditor , or potential creditor , of a husband desires to obtain , by way of security for the husband 's indebtedness , a guarantee from his wife … then the creditor can be in no better position than the husband himself , and the creditor can not enforce the guarantee or the security against the wife if it is established that the execution of the document by the wife was procured by undue influence of the husband and the wife had no independent advice .
4 in Kings North Trust v. Bell [ 1986 ] 1 W.L.R. 199 , 123 : ‘ if a creditor , or potential creditor , of a husband desires to obtain , by way of security for a husband 's indebtedness , a guarantee from his wife or a charge on property of his wife and if the creditor entrusts to the husband himself the task of obtaining the execution of the relevant document by the wife , then the creditor can be in no better position than the husband himself , and the creditor can not enforce the guarantee or the security against the wife if it is established that the execution of the document by the wife was procured by undue influence by the husband and the wife had no independent advice . ’
5 A peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper and will throw away the corn .
6 The courts will not take the incidence of future inflation into account in calculating the dependency , but if it is established that the deceased would have increased his income in the future for reasons other than inflation ( eg because he would have been promoted if he had remained in his job or because he would probably have attained higher and better paid skills or a better paid job if he had lived ) this might give grounds for increasing the multiplicand .
7 If it is established that the contract was actually concluded during the telephone or other conversation , the terms will be ineffective because they will be introduced too late to be part of the contract .
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