Примеры использования Ought to have known на Английском языке и их переводы на Русский язык
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After he knew or ought to have known of the breach;
An extended meaning which captures constructive knowledge is only possible where legislation expressly includes words such as"knew or ought to have known.
After the seller knew or ought to have known of the breach; or.
Such a requirement could introduce an element of uncertainty,since the assignee would need to establish in each particular case what the debtor knew or ought to have known.
Whether the relying party knew or ought to have known that the signature had been compromised or revoked;
According to these, in fact, the defendant should submit a written objection to the non-compliance of the plaintiff within 28 days after it knew, or ought to have known, it.
There is, however, an exception to this rule when«the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer».
The consignor or any other person failed to meet his obligation to inform him of the dangerous nature of the goods, and that neither he nor his servants oragents knew or ought to have known of their nature.
It was suggested that the words"and that the carrier knew or ought to have known that the loss or damage to the goods would result from its failure to take such steps" be deleted.
The Court concluded that the appellants could not show that there were particular circumstances demonstrating that the defendant knew or ought to have known of the registration requirements in Queensland.
In that context, it was stated that the words"ought to have known" in article 2, subparagraph(a), of the United Nations Sales Convention might be difficult to apply in practice to electronic transactions.
The only test was what the perpetrator knew or ought to have known at the time.
A government official who"knew or ought to have known" that the conduct was unconstitutional or in violation of federal law may also be subjected to punitive or exemplary damages.
A For pursuing a course of conduct which amounts to harassment of another person,and which you knew or ought to have known that it amounts to harassment of such other person;
That you at Rochdale in the county of Greater Manchester between 1st January 2003 and 19th September 2014 did hold Sandy Thewliss in slavery or servitude… or you did require Sandy to perform forced or compulsory labour andthe circumstances are such that you knew or ought to have known.
Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.
This narrows down the applicability of the exception and leads to the possibility of a conflict between domestic law andthe Convention in those cases where the domestic law does not require that the seller either knew or ought to have known of the personal use.
Therefore, it was proposed to add the words"or ought to have known" after the words"a party which knows", in order to also capture constructive knowledge of non-compliance with any provision of the Rules or any requirement under the arbitration agreements.
For that purpose, it was suggested that the draft paragraph should provide that a party was presumed to be located at the place indicated by it unless the other party knew or ought to have known that such indication was false or inaccurate.
When a State has actively participated in the arrest and/or transfer of a person when it knew, or ought to have known, that the person would disappear in a secret detention facility or otherwise be detained outside the legally regulated detention system.
Domestic law should establish that claims for compensation are inadmissible unless they are brought within a certain period of time from the date the claimant knew or ought to have known of the damage and the identity of the operator.
In response, it was recalled that the words“or ought to have known” had not been included in draft article 9 on the basis that it would be difficult for the signature holder to satisfy a duty of notification that was based on something it ought to have known, but did not in fact know. .
In particular, the new section 61 provides that it is not essential that words be used in a"public place",if the user knew or ought to have known that the words were reasonably likely to be published or broadcast.
In support of deletion, it was stated that while such a reference to the subjective knowledge of the parties might be useful in a two-party relationship, it would be inappropriate in a tripartite relationship, since it would be extremely difficult for third parties to determine what the assignor andthe assignee knew or ought to have known.
Further, according to the Commission,a watercourse State could be deemed to have violated its due diligence obligation if it knew or ought to have known that the particular use of an international watercourse could cause significant harm to other watercourse States. Ibid., para. 8.
The Committee was pleased that the new Law provided for the prosecution not only of the perpetrators but also of persons in authority who had known of or had failed to prevent torture, andthat military commanders were held responsible when they knew or ought to have known that their troops were perpetrating gross violations.
In other cases, the right is lost after the expiration of a reasonable period of time starting from the moment when the seller knew or ought to have known of the breach(article 64(2)(b)(i)) or, where an additional period of time was fixed in accordance with article 63(1), following the expiration of that additional period.
Therefore, the damages could not exceed the loss which the supplier foresaw or ought to have foreseen at the time of the conclusion of the contract in light of the facts andmatters which it then knew or ought to have known as a possible consequence of the breach of contract.
Regarding the content of the proposal,he suggested the insertion of the words“or ought to have known” after“knew” in paragraph(2)(a), thereby establishing the principle that a superior not only had actual knowledge but also what he would term“constructive” knowledge, in other words, being equally responsible for failing to appreciate facts which he or she was in a position to know. .
If the goods are purchased for the aforementioned"personal, family or household use" purposes, the Convention does not apply"unless the seller, at any time before orat the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use.