Example sentences of "[conj] [modal v] [adv] have " in BNC.
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| 1 | Counsel 's action of course does not resolve the question whether some or all of these statements ought or ought not to have been disclosed earlier and it will now be convenient to state the accepted procedure with regard to statements , as described in the respondent 's case , and the relevant principles as set forth in the Jamaican authorities . |
| 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 | 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 ) . |
| 4 | ‘ 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 . ’ |
| 5 | 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 . |
| 6 | 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 . |
| 7 | The producer will only be liable where he knew or ought reasonably to have known of the defect . |
| 8 | 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 . |
| 9 | 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 " . |
| 10 | ( 3 ) Whether the customer knew or ought reasonably to have known of the term . |
| 11 | 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 " . |
| 12 | 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 ) " . |
| 13 | 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) . |
| 14 | 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 . |
| 15 | 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 . |
| 16 | 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) ) . |
| 17 | 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 . |
| 18 | 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 . |
| 19 | A beat that sets out for a destination may have to renavigate on the way or may even have to change destination . |
| 20 | These may or may not have significance ; what needs to be certain is that descriptions are accurate , for if they are wrong , deductions from them will be valueless . |
| 21 | Razumikhin himself may or may not have come from the country , but he is certainly a member of the floating , unbelonging population of students and ex-students , and he records in simple puzzlement that Raskolnikov has been growing increasingly moody and suspicious and introverted ; ‘ he has no time for anything , people are always in his way , and yet he lies about and does nothing ’ — a confirming echo of Raskolnikov on his bed telling Nastasya the maid that he is working , by which he means thinking . |
| 22 | There may or may not have been divisions of opinion in the ranks of the progressive Alliance , but the Conservatives were all too evidently engaged in fratricidal strife . |
| 23 | The problem of fascist sympathies among the ranks of MI5 at the outset of the war is entirely ignored , as is the removal in 1940 of its founder and director , Sir Vernon Kell , which may or may not have been connected with that issue . |
| 24 | The reply may or may not have been arrogant , but , more significantly , it carried within itself the fatality to come . |
| 25 | The lack of a licence in Barlow Clowes ' early years may or may not have made a difference to the way investors ' funds were handled during that time . |
| 26 | Jim Morrison died in Paris on July 7 , 1971 , of what may or may not have been an overdose . |
| 27 | So , although a wild horse would continually roam in search of food , a domestic horse may not , or may not have the opportunity to do so . |
| 28 | The press had been given nothing but ‘ blurry , distorted photographs culled from television shots of occasions in the past at which North happened to be present ’ ; at best , ABC News had shown ‘ pictures of the back of a man 's head that may or may not have been North 's as the man got into an Embassy car in Cyprus on the occasion of the homeward flight of one of the hostages ’ . |
| 29 | Angela Brickell 's death may or may not have been , but the attack on Harry was vastly thought out . ’ |
| 30 | Wanton and murderess she may or may not have been . |