That can easily translate into essentially supervening the will of the majority and getting your own way as a government official.
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Indeed, the attorney general's job, at times, is to tell the president "no" because of the supervening demands of the law.
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"Indeed, the attorney general's job, at times, is to tell the president 'no' because of the supervening demands of the law," he wrote.
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It was perhaps a reminder from the heavens that larger supervening forces were at stake and that it was ultimately up to humans to honor that order.
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"If a supervening event means a legal person no longer has power to perform, or benefit from, a contract then on any ordinary approach that contract has been frustrated," the EMA said in documents dated April 15, which were seen by Reuters on Thursday.
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In the political novel, then, writer and reader enter an uneasy compact: to expose their opinions to a furious action, and as these [opinions] melt into the movement of the novel, to find some common recognition, some supervening human bond above and beyond ideas.
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Allen claims he and his production company, Gravier Productions, pressed Amazon for further information and were told that it was due to "supervening events, including renewed allegations against Mr. Allen, his own controversial comments, and the increasing refusal of top talent to work with or be associated with him in any way, all of which have frustrated the purpose of the Agreement."
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This has been described as the principle of 'supervening fault'.
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Haynes died at his residence at Alfred Street, North Sydney from heart failure supervening Influenza.
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In 1873, Sir William Gull delivered a second seminal paperGull WW: On a cretinoid state supervening in adult life in women. Trans Clin Soc Lond 1873/1874; 7:180–185. alongside his Anorexia nervosa work in which he demonstrated that the cause of myxoedema is atrophy of the thyroid gland. This paper, titled "On a cretinoid state supervening in adult life in women" was to be the better known of the two for many years.
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63 This removes the defence of "supervening insanity", as seen in the leading case of Crowther v Crowther.Stone (1959) p.64 The Act was repealed by the Matrimonial Causes Act 1965.
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He died in Washington, July 28, 1881, in his 54th year, from heart disease, supervening on an existing complication of diseases of the liver and kidneys. He was married in 1852 to Lucy Newell, who survived him with four sons and two daughters.
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Though the inordinate delay may be a significant factor, that by itself cannot render the execution unconstitutional. Further, the courts have also recognised some other supervening circumstances which should be considered during mercy petition such as mental illness/insanity, trauma, solitary confinement etc.
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Peters, Flamman and Company v Kokstad Municipality,1919 AD 427. decided by Solomon JA, is an important case in South African contract law, specifically in the area of termination and supervening impossibility of performance. The company had entered into a twenty-year contract with the municipality to light its street lamps.This was, in those days, a manual task.
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Decisions are not always clear-cut where the loss or damage flowing from an initial tort is overwhelmed by a more serious injury caused by: :(a) a second tort, or :(b) a supervening illness or natural event. In Baker v. WilloughbyBaker v. Willoughby [1970] AC 467 the defendant negligently injured the claimant's leg in a car accident.
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Solomon determined that, owing the supervening circumstances, performance was objectively impossible (casus fortuitus), and that the contract should therefore be terminated. The company's failure to perform was excused, "as no-one in those circumstances would be able to perform the contract and the impossibility is not due to his or her [that is, the company's] fault."Du Plessis et al 382.
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The reversal of this judgment was subsequently upheld by the Privy Council. Maritime National Fish had not been bound not to select the hired trawler, they had merely chosen not to in lieu of only receiving three of the five licenses they had expected: This establishes clearly that frustration must be the fault of neither party; any supervening event must be unforeseeable and vitiated by entirely external factors.
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Tamblot features in the Bohol provincial flag as one of the two bolos or native swords with handle and hand- guards on top. These two bolos, which are reclining respectively towards the left and right, depict the Dagohoy and Tamblot revolts, symbolizing that a true Boholano will rise and fight if supervening factors embroil them into something beyond reason or tolerance.Bohol Flag and Seal Provincial Government of Bohol Retrieved 21 December 2006.
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Buxton LJ held that the smaller collective agreement prevented another one supervening. ‘Already in force’ should take its natural meaning, and it did not matter that collective agreements were not binding. Wilson v UK was considered, but the right to recognition did not fall within the scope of ECHR article 11. Just because one union had an agreement ahead of another did not mean the first suffered discrimination, so art 14 did not apply either.
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The lower courts sided with Fairbairn, based on the authority of Chandler v Webster (1904). This held that, where a contract had been frustrated by a supervening event, "the loss lies where it falls". As a result, sums paid or rights accrued under the contract before the frustrating event occurs cannot be reclaimed but that all obligations falling due after it are discharged. Consequently, the lower courts rejected Fibrosa's claim to recover the £1,000.
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Over a thousand people turned out each day to watch the proceedings, lining the streets outside the courthouse. Five hundred men were deputized to maintain order in the town. The presiding judge, Pendery, ruled that Federal fugitive warrants had supervening authority. Defense attorney John Jolliffe then tried a strategy of arguing that the Fugitive Slave Act violated the guarantee of religious freedom, by compelling citizens to participate in evil by returning slaves.
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World Leisure Holidays (Pty) Ltd v Georges2002 (5) SA 531 (W) is an important case in South African contract law, specifically in the area of termination. It was heard in the Witwatersrand Local Division by Cloete J, Blieden J and Malan J on 14 February, 2002, with judgment handed down on 26 February. An appeal from a decision in a magistrate's court,531I. it is the leading case on the issue of temporary supervening impossibility of performance.
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Frequently, the customs and normative substrates of the supervening identities are not compatible with respect for a person's substantive liberties. When organizing, the newcomer groups, instead of being integrated, are transformed into segregated communities that test or even openly reject the constituent foundations of the democracies which host them. The convergence of different cultures and ethnic groups in the same society is not a new phenomenon in itself. What is new is the pretension of preserving the identity.
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In this case, the Heimgar was a profit-earning vessel before suffering the heavy weather damage. Thus, the loss of earnings at that time was not caused by the collision. Hence, The Oropesa demonstrates that where there are two successive causes of harm, the court may regard the first event as the cause of all the harm, or hold that the second supervening event reduces or eliminates the effect of the initial negligence as in Carslogie Steamship Co v. Royal Norwegian Government.
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200px The Dagohoy rebellion features in the Bohol provincial flag as one of the two losbo or native swords with handle and hand-guards on top. These two losbo, which are reclining respectively towards the left and right, depict the Dagohoy and Tamblot revolts, symbolizing that "a true Boholano will rise and fight if supervening factors embroil them into something beyond reason or tolerance."Bohol Flag and Seal Provincial Government of Bohol Retrieved 21 December 2006. The town of Dagohoy, Bohol is named in his honor.
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When force majeure has not been provided for in the contract (or the relevant event does not fall within the scope of the force majeure clause), and a supervening event prevents performance, it will be a breach of contract. The law of frustration will be the sole remaining course available to the party in default to end the contract. If the failure to perform the contract deprives the innocent party of substantially the whole benefit of the contract it will be a repudiatory breach, entitling the innocent party to terminate the contract and claim damages for that repudiatory breach.Hongkong Fir Shipping Co. Ltd.
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Bell v. Maryland, 378 U.S. 226 (1964), provided an opportunity for the Supreme Court of the United States to determine whether racial discrimination in the provision of public accommodations by a privately owned restaurant violated the Equal Protection and Due Process Clauses of the 14th Amendment to the United States Constitution. However, due to a supervening change in the state law, the Court vacated the judgment of the Maryland Court of Appeals and remanded the case to allow that court to determine whether the convictions for criminal trespass of twelve African American students should be dismissed..
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Napoleon I Bonapartism is the political ideology supervening from Napoleon Bonaparte and his followers and successors. The term was later used to refer to people who hoped to restore the House of Bonaparte and its style of government. In this sense, a Bonapartiste was a person who either actively participated in or advocated for conservative, monarchist and imperial political factions in 19th-century France. After Napoleon, the term was applied to the French politicians who seized power in the Coup of 18 Brumaire, ruling in the French Consulate and subsequently in the First and Second French Empires.
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Semipelagian thought teaches that the latter half – growing in faith – is the work of God, while the beginning of faith is an act of free will, with grace supervening only later.The Oxford Dictionary of the Christian Church (Oxford University Press 2005 ), article "semipelagianism". It too was labeled heresy by the Western Church at the Second Council of Orange in 529. Catholicism teaches that the beginning of faith involves an act of free will, that the initiative comes from God, but requires free collaboration on the part of man: "The fatherly action of God is first on his own initiative, and then follows man's free acting through his collaboration".
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However, at law, the intervention of a supervening event renders the defendant not liable for the injury caused by the lightning. The effect of the principle may be stated simply: :if the new event, whether through human agency or natural causes, does not break the chain, the original actor is liable for all the consequences flowing naturally from the initial circumstances. But if the new act breaks the chain, the liability of the initial actor stops at that point, and the new actor, if human, will be liable for all that flows from his or her contribution. Note, however, that this does not apply if the Eggshell skull rule is used.
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Howard Carter examining the innermost coffin of Tutankhamun For many years, rumors of a "curse of the pharaohs" (probably fueled by newspapers seeking sales at the time of the discovery) persisted, emphasizing the early death of some of those who had entered the tomb. The most prominent was George Herbert, 5th Earl of Carnarvon, who died on 5 April 1923, five months after the discovery of the first step leading down to the tomb on 4 November 1922. The cause of Carnarvon's death was pneumonia supervening on [facial] erysipelas (a streptococcal infection of the skin and underlying soft tissue). The Earl had been in an automobile accident in 1901 making him very unhealthy and frail.
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Union of India, January 2014, while discussing various other supervening circumstances which would lead to the sentence of death being commuted, it was held that mental illness of the prisoner would be a factor which would lead to a commutation and that no mentally ill person may be executed. In Accused X v. State of Maharashtra, April 2019, the Supreme Court in this case recognized post conviction mental illness as a mitigating factor to convert death penalty to life imprisonment. The SC noting that there appear to be no set disorders/disabilities for evaluating the ‘severe mental illness’ laid down ‘test of severity’ as a guiding factor for recognizing those mental illnesses which qualify for an exemption.
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Late in 1996, a family booked a holiday in Mauritius, only to find its flight suspended due to a tropical cyclone, and so attempted to cancel its contract with the tour operator and claim damages, on the grounds that the supervening impossibility of performance had brought the contract to an end. The court a quo upheld the claim. On appeal, however, Cloete J found that temporary impossibility of performance does not of itself bring the contract to an immediate end. Only where the foundation of the contract has been destroyed, or where all or part of the performance is already (or would inevitably become) impossible,In cases where part of the performance is or will become impossible, the creditor must not be contractually bound to accept the remaining performance.
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It was held that the captain's action was the natural consequence of the emergency in which he was placed by the negligence of the Oropesa and, therefore, the deaths of the seamen were a direct consequence of the negligent act of the Oropesa. The question was not whether there was new negligence, but whether there was a new cause of action. To break the chain of causation there must be something "...unwarrantable, a new cause which disturbs the sequence of events, something which can be described as either unreasonable or extraneous or extrinsic." But, when negligence is followed by a natural event of such magnitude that it erases the physical effects of the original negligence, the defendant’s liability ceases at the moment in time when the supervening condition occurs.
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In re Dharnrajmal Gobindram v. Shamji Kalidas [All India Reporter 1961 Supreme Court (of India) 1285], it was held that "An analysis of ruling on the subject shows that reference to the expression is made where the intention is to save the defaulting party from the consequences of anything over which he had no control." Even if a force majeure clause covers the relevant supervening event, the party unable to perform will not have the benefit of the clause where performance merely become (1) more difficult, (2) more expensive, and/or (3) less profitable. For example, parties in the United States have used the COVID-19 pandemic as a force majeure in an attempt to escape contractual liability by applying the elements of an (1) unforeseeable event, (2) outside of the parties’ control, that (3) renders performance impossible or impractical.
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His frank assessment of the dishonesty employed by lawyers in civil litigation was reported in one State Bar Discipline Monitor Report: "The level of attorney dishonesty in representations to the court, in promises to clients, in dealings with adverse counsel, and perhaps especially in points and authorities and legal briefs, is embarrassing to anyone with a measure of intellectual pride. [...] Part of the problem has to do with the lack of certain sanctions for deceit. [...] It is possible to develop new rules of behavior supervening adversary representation, and restoring a measure of honor to a profession which is in a current state of well-deserved dishonor." Some of Fellmeth's recommended State Bar reforms were enacted during the early 1990s, including the creation of an independent State Bar Court. Previously, attorneys adjudged complaints against their colleagues, with a review before an 18-member committee composed mostly of practicing attorneys.
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As has been pointed out by Van der Vyver and Joubert, because the special rules for the protection of the mentally ill or unconscious defendant would not operate in such a situation, the court must protect the interests of the defendant in such cases, and must, if necessary, insist on the appointment of a curator ad litem for him or her. In the case of Smit v Smit, a full Bench answered the second question posed above in the affirmative, rejecting the view that the legislature intended to differentiate between cases of "faultless prevention of the continuation of the marriage" in section 4, on the one hand, and cases of "supervening impossibility" in section 5, on the other. A marriage may be dissolved on the ground of irretrievable breakdown even if the breakdown was caused by circumstances quite beyond the control of either spouse.
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On remand, the district court again held for SAMTA, ruling that the historical record showed that, even though local mass transit operations had been largely privately owned in the past, they had also been heavily regulated by state and local governments, creating at least an "inference of sovereignty". Noting that the federal government had historically exempted the operations of state and local governments from federal regulation in many instances, it ruled that refusing to apply the FLSA would not run counter to a century of regulation, as was the case in the railroad industry, and that exemption of state and local governments' operations was, in fact, a supervening federal policy. Called on to draw a distinction between those governmental functions that were traditional and those that were not, the Court analogized the task to Justice Potter Stewart's famous definition of pornography in Jacobellis v. Ohio,. holding that it was impossible to articulate the distinction but "someone knows it when they see it".
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Although the Court had been briefed regarding whether the Equal Protection and Due Process Clauses of the Fourteenth Amendment were applicable to the restaurant, the majority opinion noted that both the City of Baltimore and Maryland had passed laws against racial discrimination by an owner or operator of a place of public accommodation. The state antidiscrimination statute went further and forbade discrimination in public accommodations for sleeping or eating on the basis of race, creed, color, or national origin. The opinion, consistent with the Court's practice when a significant supervening change in law has occurred, vacated the criminal convictions of the students and remanded the case back to the Maryland Court of Appeals to allow it to consider whether the convictions should be dismissed under the current state law. The Court noted that the common law of Maryland held that when the legislature has repealed a criminal statute or otherwise makes conduct that once was a crime legal, a state court would dismiss any pending criminal proceeding charging such conduct.
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