Example sentences of "[coord] [modal v] [adv] " in BNC.
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| 1 | This chapter aims to reflect the reality of interdisciplinary contacts while maintaining that the pivot for the development of early learning opportunities for all children is educational and that , therefore , the ‘ lead department ’ in local authorities as far as under-fives ( including of course special needs ) is , or ought legitimately to be , education . |
| 2 | 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 . |
| 3 | Notwithstanding the fact that Dirks was found not guilty , the tests laid down in the case are of great significance : a tipper 's liability is contingent upon the purpose of his action ; while a tippee 's liability is limited to those situations where he knows or ought reasonably to know of the insider 's breach of duty . |
| 4 | The rule prohibits any person ( other than the actual bidder ) from trading ( or causing others to trade ) where he is in possession of material information relating to the tender offer which he knows or ought reasonably to know has been acquired directly or indirectly from a range of persons . |
| 5 | 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 ) . |
| 6 | ‘ 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 . ’ |
| 7 | 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 . |
| 8 | 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 . |
| 9 | The producer will only be liable where he knew or ought reasonably to have known of the defect . |
| 10 | 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 . |
| 11 | 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 " . |
| 12 | ( 3 ) Whether the customer knew or ought reasonably to have known of the term . |
| 13 | 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 " . |
| 14 | 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 ) " . |
| 15 | 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) . |
| 16 | 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 . |
| 17 | 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 . |
| 18 | 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) ) . |
| 19 | 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 . |
| 20 | A firm must take all reasonable steps to ensure that it does not give investment advice to , nor effect , a discretionary transaction with or for , a private customer , unless that advice or transaction is suitable for him having regard to the facts disclosed by that customer or other relevant facts about the customer of which the firm is or ought reasonably to be aware . |
| 21 | The association of factors such as psychiatric illness of parent , marital disharmony , overprotectiveness and abnormal thinking and communication may or may not be relevant to onset or relapse , or may simply be another result of the same genetic constitution which produced a child vulnerable to schizophrenia . |
| 22 | A.3.1 The Vendor will forthwith notify in writing to the Purchaser any matter or thing which may arise or become known to any of them after the date of this Agreement ( whether or not prior to Completion ) which is inconsistent with any of the Warranties or which is or may reasonably be anticipated to be material to be known by a Purchaser for value of the Business . |
| 23 | There is a full discussion of this case at p76. 1.5 The employee 's duty to disclose to his employer information which may be of use to that employer ( and not personally to profit from it ) If , during the course of employment , an employee receives information which is or may reasonably be relevant to his employer 's business then he is under a duty : ( a ) to disclose all relevant information received to the employer ; and ( b ) not to use that information for his or another 's benefit unless the employer consents . |
| 24 | The dividend may be expressed as a fixed percentage of the nominal or paid up value of the shares , or may even extend to participation in any dividends declared over and above that fixed amount . |
| 25 | 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 . |
| 26 | The visible action may apparently be trivial — adjusting one or two of very many available controls — or may even be non-existent . |
| 27 | Those who defend the kinship bond find more acceptable a situation where , say , a child may maintain an active relationship with his [ or her ] natural parents while living with foster-parents , or may even remain in contact with them after adoption . |
| 28 | Perhaps their part is best summarised by remarking that if the brain is damaged at this region not only sexual capacity may be reduced but libido ( sexual urge ) may be reduced or may even be completely lost ; in the opposite direction , artificial stimulation by means of electrodes implanted in these parts of the brain can reproduce the sensations of orgasm and its phenomena — ejaculation etc . |
| 29 | Herbs to keep an eye on are the marjorams , of which there are at least three different kinds , tarragon ( two ) , dill and fennel , which hybridize very easily , garden mint which is often a cross with horse-mint , or may even be that species , lovage which can look like ground-elder while young , and French sorrel which is invariably confused with the inferior-tasting English sorrel . |
| 30 | But in any event , the argument makes a disproportionate claim , or may even involve a non sequitur . |