Law Insider (2024)

FAQs

What is a good cause law insider? ›

Good Cause means a medical reason preventing participation, in whole or in part, in the Rehabilitation Plan. Satisfactory proof of Good Cause must be provided to the Insurance Company.

A "force majeure" clause (French for "superior force") is a contract provision that relieves the parties from performing their contractual obligations when certain circ*mstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.

Generally in law, “supersede” means replace, abrogate, revoke, cancel, make void, etc. It may refer to an entire prior document or to a specific provision (or provisions) of a prior document.

In the absence of such formulations, an entire agreement clause (particularly one “where the word 'representations' takes its place alongside words expressive of contractual obligation”) will not normally by itself exclude liability for misrepresentation.

If you say that something is for a good cause, you mean that it is worth doing or giving to because it will help other people, for example by raising money for charity. The Raleigh International Bike Ride is open to anyone who wants to raise money for a good cause.

Good cause is a legally sufficient reason for a ruling or other action by a judge. Good cause is often the burden placed on a litigant by the court to show why a request should be granted or an action excused.

Contracts frequently include an act of God clause, also written as force majeure clause, to allow for non-performance in the event an act of God makes completing the contract impossible.

For a force majeure provision to excuse nonperformance, the nonperformance must be both directly and proximately caused by the allegedly triggering condition. For example, a restaurant may be able to show it could not operate (or operate fully) due to government shutdowns but may fail to prove it could not pay rent.

There are generally three essential elements to force majeure: • tt can occur with or without human intervention • it cannot have reasonably been foreseen by the parties • It was completely beyond the parties' control and they could not have prevented its consequences.

Rescission is a legal remedy that allows parties to a contract to undo or terminate the contract, typically due to a material mistake, fraud, misrepresentation, or other valid legal grounds.

What is novation of contract? ›

Novation is the act of replacing a legitimate existing contract with a new contract, where the transfer is mutually agreed by both parties concerned.

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further in writing and that which is duly executed by both parties.

Innocent misrepresentation: a representation that is neither fraudulent nor negligent. The remedies for misrepresentation are rescission and/or damages. For fraudulent and negligent misrepresentation, the claimant may claim rescission and damages.

In the example of the SPA in which the buyer considers warranties were untrue, the buyer will have grounds to sue in breach of contract. The buyer may also seek to pursue a claim in fraudulent misrepresentation. It is possible to plead both claims together.

Where one party is a consumer, or deals with another party on that party's written standard terms of business, the other party cannot exclude liability for breach of contract unless, again, the term satisfies the requirement of reasonableness.

Each party shall negotiate in good faith. To negotiate in good faith shall mean that both parties must be willing to consider proposals in an effort to find a mutually satisfactory basis for agreement and must be willing to discuss their respective contract proposals.

Reasonable cause is defined as an employee's observable action, appearance or conduct that clearly indicates the need for a fitness-for-duty medical evaluation. The employee's conduct must be witnessed by at least two (2) supervisors, if available.

Both Parties agree that, should any dispute arise during the term of this Agreement, the Parties will make a good faith, though non-binding effort to reconcile any difference or dispute before the filing of an action in any court.

“Good cause” will be found when the enrollee establishes by a credible statement, not contradicted by any evidence available to the adjudicating office, that failure to pay premiums within the normal period resulted from conditions over which the enrollee had no control, or which they could not reasonably be expected ...