Examples of using Right to avoid in English and their translations into Arabic
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Colloquial
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Political
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Ecclesiastic
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Ecclesiastic
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Computer
You were right to avoid those men.
Our emphasis will be on children: their rights, their right to avoid a violent life.
You are right to avoid that minefield.
There are cases stating that where the buyers had not granted an additional period of time, they had no right to avoid the contract.
I have a right to avoid that conversation.
The tribunal also referred to articles 25, 63(1) and 64 CISG on fundamental breach ofcontract and seller ' s right to avoid the contract.
I have the right to avoid his funeral.- Not if your mother's alive, you don't.
The Regional Court dismissed the claim,mainly on the ground that the plaintiff had lost the right to avoid the contract according to article 82 CISG.
The Tribunal thus recognized the seller ' s right to avoid the contract[Article 64 CISG]; however, it noted that the seller had resold the goods prior to the declaration of avoidance[Article 26 CISG].
The seller ' s non-delivery was thus a fundamental breach of contract, and in accordance with Articles 45 and 49 CISG,the buyer had the right to avoid the contract and claim damages.
However, if the seller has delivered the goods the buyer loses the right to avoid the contract if the buyer does not exercise it within a reasonable time(article 49(2)).
This case deals primarily with breach of contract by failing to open a letter of credit(L/C) within theadditional time fixed and the seller ' s right to avoid the contract in case of fundamental breach.
The preconditions for exercise of the right to suspend and the right to avoid differ, as do the obligations with respect to communications between the two parties.
And a buyer that cut and processed marble slabs after discovering that they were non-conforming did not meet the requirements of article 82(2)(c)and did not have the right to avoid the contract.
According to Article 72(2) and Article 72(3) CISG,the buyer had the right to avoid the contract due to the seller ' s anticipatory breach of contract.
Under this provision, a buyer who resold paprika in its ordinary course of business before discovering that the goods contained ethylene oxide in amounts thatexceeded domestic legal limits retained its right to avoid the contract under which it purchased the paprika.
And another buyer lost its right to avoid the contract because, after it discovered that marble slabs delivered by the seller were stuck together and broken, it cut and processed the slabs, thus making it impossible to return them substantially in the condition in which they were received.
Explicitly the court pointed out that the buyer may reduce the price according to article 50 CISG even ifit had lost its right to avoid the contract for instance as a result of missing the deadline pursuant to article 49(2)(b) CISG.
This appears to mean that the buyer loses the right to any remedy for the non-conformity, including, e.g., the right to require the seller to repair the goods, the right to claim damages,the right to reduce the price, and the right to avoid the contract.
Several other decisions have refused to deny a buyer the right to avoid, even though the buyer could not make restitution of the goods substantially in the condition in which they were received, because the requirements of one or more of the exceptions in article 82(2) were satisfied.
Thus, where a buyer attempted to avoid a contract for the sale of flower plants because the delivered plants allegedly were defective in appearance and colour, a court noted that the buyer had lost the right to avoid under article 82(1) because it had discarded some plants and resold others.
The seller had objected that the buyer had neither a right to avoid the contract nor a right to damages, because it had not sufficiently examined the print boards and had not complained to the seller within a reasonable time after it had or should have discovered the shortcomings.
These proposals include fair provision for spontaneous demonstrations, providing for judicial review of the decisions of the Ministry of Interior andclear definition of permissible restrictions on the right to avoid arbitrary restrictions in conformity with the International Covenant on Civil and Political Rights. .
Article 83 states that although a buyer may have lost the right to avoid the contract or to require the seller to deliver substitute goods under article 82 retains its other remedies, whether those remedies have their origin in provisions of the contract or in the CISG itself.
Note that under article 82, a buyer ' s inability to make restitution of delivered goods" substantially in the condition in which he received them" will, subject to important exceptions, forfeit the buyer 's right to avoid the contract(or to require the seller to deliver substitute goods).
Article 82(2)(b) preserves an aggrieved buyer ' s right to avoid the contract or to demand substitute goods where the buyer ' s inability to make restitution of the goods substantially in the condition in which they were received arose as a result of the examination of the goods provided for in article 38.
Even if a buyer is unable to give restitution of previously delivered goods substantially in the condition in which they were received, article 82(2)(a)provides that the buyer retains the right to avoid the contract or to require the seller to deliver substitute goods if the buyer ' s inability to make restitution is not due its own act or omission.
It has also beenfound that a buyer did not lose the right to avoid under article 82 merely by announcing, prior to trial, that it was attempting to resell the goods(an attempt that the court characterized as an effort to mitigate damages): the court indicated that article 82 would prevent the buyer from avoiding only if it had actually resold the goods before it declared the contract avoided. .
With regard to the goods ' lack of conformity, the Court applied the provisions of the Civil Code and Spanish case law regarding the principle aliud pro alio; that is, it held that there had occurred a fundamental breach of the sales contract, in view of the unfitness of the machine in question for the purpose for which it was sold and the buyer ' s consequent dissatisfaction,which gave it the right to avoid the contract.
Yet Europe's many strengths, including strong democratic governments and sound legal institutions, are often under-rated as long-term competitive strengths in today's globalized economy. The recent recession has presented challenges,but European leaders were right to avoid becoming intoxicated with short-term Keynesian policies, especially where these are inimical to addressing Europe's long-term challenges.