Causation Sample Clauses

Causation. The promisee’s act or omission must be a conditio sine qua non for the promisor’s 3 failure to perform.12 It is debated whether an exemption under Article 80 requires that the promisee’s acts or omissions alone be the cause for the non-performance or whether the provision also applies if both parties have contributed to the non-performance. Some commentators contend that Article 80 should not apply to cases of joint responsibili- ty.13 Instead, losses should be allocated among the parties under → Art. 77.14 The domi- nant counter-position refers to the Convention’s text (‘to the extent that’).15 Under this approach, the consequences of joint causation must be determined with respect to each party’s respective degree of contribution (see → para. 6 below).16 In principle, the promisor is not obliged to overcome obstacles to performance that 4 are due to the promisee’s acts or omissions.17 Yet, exceptions are acknowledged for obsta- cles that can be easily avoided or overcome by the promisor (→ Art. 7(1)). Unclear in- structions or incorrect information about a delivery address are examples of such minor failures that – depending on the circumstances – can be expected to be remedied by seeking clarification.18 A slightly different issue arises in cases where the buyer could not avoid the non-con- 5 formity of goods but could have taken steps to avoid damages. The German Federal Court of Justice rejected the application of Article 80 in a case where a seller had deliv- ered a toxic charge of clay (used for sorting potatoes). As the court explained, Article 80 was not directly applicable since the buyer had not contributed to the delivery as such. (3rd xxx, X.X.Xxxx 2013); Xxxxxxxx Xxxxxxxxx, ‘Article 80’ para. 3, in Xxxxxxxx Xxxxxxxxx (ed), Commen- tary on the UN Convention on the International Sale of Goods (CISG) (4th edn, OUP 2016).
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Causation. “Bad thinking, calculating, you have work to do in front of you and you have nothing in front of you to be able to do it. You are not capable. All day I calculate; I want to do it, but I am not capable.” – Xxxxx, community member Respondents indicated that many things can cause “thinking too much,” including economic, health, and broader structural factors. In particular, concerns over money – having “nothing in one’s pocket” – and lack of food were commonly named causes. When a landlord is seeking payment for a house or one’s children are going hungry, one can easily become fixated on the problem of how to feed and care for one’s family. These situations are often tied to external factors, such as losing a job or failed crops. Beyond the material impacts, participants explained that “thinking too much” is driven by the fact that, when these losses occur, one can no longer achieve their goals, which is often a source of shame. This etiology is clearly demonstrated by Elana’s case, as she “sits and thinks” about her lack of ability to live up to her potential as a nurse. Two participants also mentioned sickness, such as HIV/AIDS, as a potential cause of “thinking too much,” but more often respondents discussed physical sickness as a consequence of “thinking too much.” Though not always named as a cause of “thinking too much,” xxxx d’aktivite (lack of activities) was described as exacerbating the experience. When asked to explain expressions and manifestations of rumination, one nurse commented that people are not very busy, with little to occupy their time or distract their thoughts. The family of a man who was thought to have fou explained that he used to have a job and participate in activities, but now he can only kalkile (think) and cannot do what he wants. His lack of ability to contribute to the family is compounded by the negative effects of having ample time to “sit and think” without employment or activities to fill the time. To avoid similar exacerbating effects, Xxxxx explained that she created activities to avoid “thinking too much,” such as taking sewing classes. Similarly, one psychologist recommended to a female patient that she find work so as to avoid sitting at home thinking about her son who died the previous year. While various chronic and acute factors can cause “thinking too much,” respondents often discussed the syndrome as closely linked to sadness. In fact, a large number of references to “thinking too much” arose when participants ...
Causation. Nothing in this Article XI shall relieve the Tenant from the obligation to compensate Landlord for damage or injury to the Real Property due to or caused by Tenant's or Tenant's agent's, servant's, employee's, licensee's or invitee's use and occupancy of the Real Property, its or their negligent acts or omissions or its or their willful acts or failures to act.
Causation. In two places in its judgment, the Medical tribunal emphasized that a defendant‟s failure to properly supervise his subordinates had played a causal role in their commission of crimes. First, it concluded that Xxxx Xxxxxx‟s “dereliction” with regard to the Nazis‟ euthanasia program had “contributed” to the extermination of non-German nationals. 119 Second, it 112 Id. at 1271. 113 See, e.g., High Command, XI TWC 632; Einsatzgruppen, IV TWC 513; Medical, II TWC 206. 114 Einsatzgruppen, IV TWC 513. 115 Hostage, XI TWC 1311. 116 Medical, II TWC 222. 117 Hostage, XI TWC 1272. 118 High Command, XI TWC 524. 119 Medical, II TWC 198. pointed out that if Xxxxxxxxx had exercised his authority over the typhus experiments at Buchenwald, “later deaths would have been prevented.”120 Neither the Medical tribunal nor any other tribunal, however, ever suggested that a causal relationship was a necessary condition of a defendant‟s responsibility for the failure to prevent the occurrence or recurrence of crimes.

Related to Causation

  • No Adverse Events Between the date hereof and the Closing Date, neither the business, assets or condition, financial or otherwise, of the Company taken as a whole shall have been materially adversely affected in any manner.

  • No Admission of Wrongdoing Employee agrees neither this Agreement and General Release nor the furnishing of the consideration for this Release shall be deemed or construed at any time for any purpose as an admission by Employer of any liability or unlawful conduct of any kind.

  • No Material Adverse Event Since the respective dates as of which information is disclosed in the Registration Statement, the Prospectus and the Incorporated Documents, except as otherwise stated therein, there shall not have been (i) any change or decrease in previously reported results specified in the letter or letters referred to in paragraph (d) of this Section 6 or (ii) any change, or any development involving a prospective change, in or affecting the condition (financial or otherwise), earnings, business or properties of the Company and its subsidiaries taken as a whole, whether or not arising from transactions in the ordinary course of business, except as set forth in or contemplated in the Registration Statement, the Prospectus and the Incorporated Documents (exclusive of any amendment or supplement thereto) the effect of which, in any case referred to in clause (i) or (ii) above, is, in the sole judgment of the Manager, so material and adverse as to make it impractical or inadvisable to proceed with the offering or delivery of the Shares as contemplated by the Registration Statement (exclusive of any amendment thereof), the Incorporated Documents and the Prospectus (exclusive of any amendment or supplement thereto).

  • No General Solicitation or Advertising in Regard to this Transaction Neither the Company nor any of its affiliates nor any person acting on its or their behalf (a) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Shares, or (b) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

  • Performance of this Agreement Buyer shall have duly performed or complied with all of the obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.

  • No Adverse Actions There are no actions, suits, investigations or proceedings pending, threatened against or affecting the Company which: (i) seek to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement or (ii) question the validity or legality of any transactions or seeks to recover damages or to obtain other relief in connection with any transactions.

  • No Adverse Change Any adverse change in the financial condition, assets, liabilities, business, prospects or operations of Company;

  • Construction of this Agreement The Parties agree that each Party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto.

  • No Adverse Litigation There shall not be pending or threatened any action or proceeding by or before any court or other governmental body which shall seek to restrain, prohibit, invalidate or collect damages arising out of the transactions contemplated hereby, and which, in the judgment of Purchaser, makes it inadvisable to proceed with the transactions contemplated hereby.

  • Interpretation of This Agreement All decisions and interpretations made by the Committee with regard to any question arising hereunder or under the Plan shall be binding and conclusive upon the Company and the Optionee. If there is any inconsistency between the provisions of this Agreement and the Plan, the provisions of the Plan shall govern.

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