Unfair surprise definition

Unfair surprise means a lack of reasonable certainty or fair warning of what a legal standard administered by an agency requires. The meaning of this term should be informed by the examples of lack of fair notice discussed by the Supreme Court in Christopher v. SmithKline Beecham Corp., 567 U.S. 142, 156 & n.15 (2012).
Unfair surprise means a situation in which a party, having had no notice of some action or proffered evidence, is unprepared to answer or refute it.

Examples of Unfair surprise in a sentence

  • One-sidedness (i.e., substantive unconscionability) means that the agreement “leaves a post-divorce economic situation thatis unjustly disproportionate.” Id. Unfair surprise (i.e., procedural unconscionability) means that “one party did not have full and adequate knowledge of the other party’s financialcondition when the [marital] agreement was executed.” Id. A contract that is merely “inequitable” is not unenforceable.9 Id. at 500, 748 P.2d at 1366.

  • Unfair surprise" means a lack of reasonable certainty or fair warning of what a legal standard administered by an agency requires.

  • Unfair surprise (i.e., procedural unconscionability) means that one party did not have full and adequate knowledge of the other party’s financial condition when the marital agreement was executed.

  • One-sidedness (i.e., substantive unconscionability) means that the agreement “leaves a post-divorce economic situation that is unjustly disproportionate.” Id. Unfair surprise (i.e., procedural unconscionability) means that “one party did not have full and adequate knowledge of the other party’s financial condition when the [marital] agreement was executed.” Id. A contract that is merely “inequitable” is not unenforceable.9 Id. at 500, 748 P.2d at 1366.

  • Unfair surprise results from misleading bargaining conduct or other circumstances indicating that party’s consent was not an informed choice.” Dotson v.

  • The disadvantage of secrecy is that if other firms discover the secret by legal means, they cannot be prevented from copying it.An example of the competitive advantages that may be derived from tacit knowledge is the inventionby Fläkt, a Swedish multinational, of a new drying system (the FC-dryer) for the pulp and paper industry (Zander and Zander, 1994).

  • One-sidedness (i.e., substantive unconscionability) means that the agreement "leaves a post- divorce economic situation that is unjustly disproportionate." Id. Unfair surprise (i.e., procedural unconscionability) means that "one party did not have full and adequate knowledge of the other party's financial condition when the [marital] agreement was executed." Id. A contract that is merely "inequitable" is not unenforceable.

  • Xxxxxxxxxx – preempted state law re class actions Restriction on class actions might not be a legitimate reason and might be unreasonable – public policy in favor of class actions Cingular: might try to revise clause so that it singles out certain claims from going to class action Unfair surprise  unfairness in bargaining process §211(3): weird term in the contract  for adhesion contracts/standardized agreements Can be both an unconscionability and §211 problem Good faith & fair dealing Xxxxxx x.

  • Unfair surprise would mean that one party did not have full and adequate knowledge of the other party’s financial condition when the premarital agreement was executed.

Related to Unfair surprise

  • Unfair Advantage means any conduct, direct or indirect, by a Proponent that may result in gaining an unfair advantage over other Proponents, including but not limited to (i) possessing, or having access to, information in the preparation of its Proposal that is confidential to the Purchaser and which is not available to other Proponents, (ii) communicating with any person with a view to influencing, or being conferred preferred treatment in, the RFP process, or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the RFP process and result in any unfairness.

  • Unfair practice means (i) establishing contact with any person connected with or employed or engaged by the Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

  • Unfair labor practice means the commission of an act designated an unfair labor practice

  • Improper governmental action means any action by a district officer or employee:

  • Exposed group means all employees at a work location, working area, or a common area at work, where an employee COVID-19 case was present at any time during the high-risk exposure period. A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The following exceptions apply:

  • Small disadvantaged business concern means a small business concern that represents, as part of its offer that—

  • Violent student means a student under the age of 21 who:

  • Disadvantaged Business Enterprise (DBE) means a firm certified as such by the Department in accordance with 49 CFR Part 26.

  • Exposed conductive part means the conductive part which can be touched under the provisions of the protection IPXXB, and which becomes electrically energized under isolation failure conditions. This includes parts under a cover that can be removed without using tools.

  • Personalized license plate means a license plate that has displayed on it a

  • Historically disadvantaged individuals (HDIs means all South African citizens –

  • Disadvantaged Business means a small business concern: (a) which is at least 51 percent owned by one or more socially and economically disadvantaged individual(s) or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individual(s); and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individual(s) who own it. It is important to note that the business owners themselves must control the operations of the business. Absentee ownership or title ownership by an individual who does not take an active role in controlling the business is not consistent with eligibility as a DBE under CFR 49 Part 26.71.

  • Massive Multiauthor Collaboration Site (or “MMC Site”) means any World Wide Web server that publishes copyrightable works and also provides prominent facilities for anybody to edit those works. A public wiki that anybody can edit is an example of such a server. A “Massive Multiauthor Collaboration” (or “MMC”) contained in the site means any set of copyrightable works thus published on the MMC site.

  • Disabled Veteran Business Enterprise (DVBE) means a business concern certified as a DVBE by the Office of Small Business Certification and Resources, Department of General Services.

  • Improper influence means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter.

  • Economically disadvantaged individual means an individual who is either: (1) eligible for services under the Workforce Investment Act of 1988 (WIA) (29 U.S.C.A 2801 et seq.), as determined by the San Francisco Private Industry Council; or (2) designated “economically disadvantaged” for the First Source Hiring Administration, as an individual who is at risk of relying upon, or returning to, public assistance.

  • Intimidating, threatening, abusive, or harming conduct means, but is not limited to, conduct that does the following:

  • Adverse employment action means an action that affects an em- ployee ’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Family Code 261.101.

  • Autism spectrum disorders means any of the pervasive developmental disorders as defined by the Diagnostic and Statistical Manual of Mental Disorders, 4th edition, published by the American Psychiatric Association, including autistic disorder, Asperger's disorder and pervasive developmental disorder not otherwise specified.[PL 2011, c. 420, Pt. A, §26 (RAL).]

  • Sexual exploitation means any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes. It includes profiting monetarily, socially, or politically from sexual exploitation of another.

  • Disadvantaged Business Enterprise means a for-profit small business concern that is at least 51% owned by one or more individuals who are both socially and economically disadvantaged individuals or, in the case of a corporation, in which 51% of the stock is owned by one or more such individuals; and whose management and daily business operations are controlled by one or more socially and economically disadvantaged individuals who own it.

  • Historically Disadvantaged Individual (HDI) means a South African citizen -

  • Highly Confidential Information means Proprietary Information that is marked “Highly Confidential Information” when disclosed in written form or is otherwise designated as such hereunder.

  • Highly restricted personal information means an individual’s photograph or image, social security number, digitized signature, and medical and disability information.

  • Disabled parking license plate means a license plate that displays the international symbol of access

  • Historically Disadvantaged Individual (HDI) - means a South African citizen: