Synonymer & Information om | Engelska ordet VOIDABLE

Exempel på hur man kan använda VOIDABLE i en mening

• When minors wish to do a juristic act, they have to obtain the consent from their legal representative, usually (but not always) the parents and otherwise the act is voidable.
• Where a civil partnership is voidable, applications for nullity orders are subject to the bars of time, knowledge of defect and approbation.
• This was criticized in the later cases written by Lord Denning such as in Solle v Butcher where Denning LJ reduced the standard by enumerating an equitable remedy for a shared common mistake, which rendered the agreement voidable.
• The Cayman Islands FDL states "Every disposition of property made with an intention to defraud, and at undervalue, shall be voidable at the insistence of an eligible creditor thereby prejudiced".
• This would be a specific example where fraud in the inducement could outweigh anything in the contract, express or implied: it simply does not matter what disclaimer or limitations may be found in the contract, if the contract is void (or voidable) for any reason.
• Alfred-Maurice de Zayas has argued that the 1903 lease agreement was imposed on Cuba under duress and was a treaty between unequals, no longer compatible with modern international law, and voidable ex nunc.
• The act of invalidating the contract by the party exercising its rights to annul the voidable contract is usually referred to either as voiding the contract (in the United States and Canada) or avoiding the contract (in the United Kingdom, Australia and other common law countries).
• The minority of Lord Nicholls and Lord Millett argued strongly for the abandonment of Cundy v Lindsay and in favour of the principle that all mistakes for identity merely render a contract voidable; for instance, Lord Nicholls argued that the loss should be borne by the seller, "who takes the risks inherent in parting with his goods without receiving payment", rather than by the innocent third party.
• In the situation that a marriage is void or voidable, any legitimately interested party (usually one of the parties to the marriage) can seek a declarator of nullity of marriage from the Court of Session, which will acknowledge that their marriage is void and, in effect, never existed.
• Accordingly, a transfer of ownership of property can therefore be (1) absolutely good, (2) void or (3) voidable based on either the absence or existence of a vitium reale or vice of consent, or where the disponer lacks or does not lack transactional capacity.
• Any marriage can be voidable and may be annulled on the following grounds: the marriage has not been consummated due to impotency, may be complete or partial impotency (for example conditions such as impotence quoad hoc), contravention of the valid consent mental illness condition specified in Section 5, or that the respondent at the time of the marriage was pregnant by someone other than the petitioning spouse.
• The liquidator argued the debenture was either a voidable preference or transaction at an undervalue.
• The question was whether the contract leading to the repossession of the house was voidable for some iniquitous pressure.
• Article 35(2) of the Family Code, however, specifies that marriages solemnized by any person not legally authorized to perform marriages which were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so are neither void nor voidable.
• Section 13 provides for certain restrictions in regard to the possibility of annulling voidable marriages, including where the petitioner knew of the "defect" and of the possibility of annulment, but induced the respondent to believe that s/he would not seek an annulment; or where it would be "unjust" to the respondent to grant the decree of nullity.
• A liquidator may challenge transactions entered into in the twilight period prior to insolvency where such transactions constitute either an unfair preference, undervalue transaction, voidable floating charge or extortionate credit transaction.
• Where it is not possible to categorise transactions as unfair preferences or uncommercial transactions, they may still be voidable even if entered into outside of the time periods usually applied to such transactions.
• The liquidator brought proceedings claiming that the debenture was either a voidable preference or a transaction at an undervalue.
• North Carolina law was subsequently to validate marriages performed by ministers of the Universal Life Church prior to July 3, 1981, and marriages solemnized by a ULC minister after that date are voidable, although equitable estoppel may prevent the parties themselves from challenging the marriage if they have taken the position in a judicial proceeding that the marriage was valid.

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