Example sentences of "the test [is] whether " in BNC.

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1 The test is whether there is a ‘ real feeling of reprobation ’ amongst members of society with regard to the conduct in question .
2 The test is whether a hypothetical by-stander of the requisite firmness would suffer such fear .
3 The test is whether the cost would have been incurred but for the provision of the benefit .
4 Secondly , under the 1973 Act the test was whether it was fair and reasonable to allow reliance upon the exemption clause , whereas under the 1977 Act the test is whether the clause was a fair and reasonable one to have been included in the contract .
5 The test is whether the plaintiff has acquired an intangible property right for his product deriving from the distinctive nature of this material which is recognized by the market .
6 The test is whether the unwitting distributor ought to have known that the material would offend .
7 The test is whether the public interest in disclosure outweighs the public interest in the preservation of confidence .
8 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) .
9 It must be emphasised that the test is whether the clause was a fair and reasonable one to have been included in the contract in question ( see Josef Marton v Southwestern General Property ( 1982 ) , unreported ) .
10 But ultimately the test is whether the buyer could fairly and reasonably refuse to accept the physical goods proffered to him on the ground that their failure to correspond with what was said about them makes them goods of a different kind from those he had agreed to buy .
11 It may be , following the Directive ( art 7(e) ) , that the test is whether the knowledge existed to discover the defect and not merely that the standard tests and procedures were undertaken by the drug company concerned .
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