ISSUES TO BE DETERMINED Clause Samples
The "Issues to be Determined" clause defines the specific questions, disputes, or matters that a court, arbitrator, or decision-maker must resolve in a legal proceeding or contract. This clause typically lists the key points of contention, such as liability, damages, or interpretation of contract terms, and may outline the scope of the decision-making authority. By clearly identifying the issues at stake, the clause ensures that all parties understand the focus of the dispute resolution process and helps prevent the introduction of unrelated matters, thereby streamlining proceedings and promoting efficient resolution.
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ISSUES TO BE DETERMINED. 1.1 The Parties agree that, in light of the disputed issues, the matters to be determined in these proceedings are the correct interpretation and application (by reference to each policy as a whole) of relevant terms in a sample of the policies appropriately representative of the disputed issues (the representative sample of terms) and their application in relation to a set of agreed facts and assumed facts including:
(a) whether on the agreed facts and assumed facts the policies provide cover in principle; and
(b) whether on the agreed facts and assumed facts the policyholders of the policies can establish the necessary causal link (as a matter of the application of the law and the wording of the policies) between the assumed losses sustained by policyholders and any relevant peril, event or circumstance that is covered by relevant terms in the policies, including to take into account the relevance (if any) of a trends clause or similar/equivalent provision (if any).
1.2 The agreed facts will be facts necessary to resolve the disputed issues, such as (by way of example only) the date and nature of steps taken by the UK Government or any other relevant public authority in relation to Covid-19.
1.3 The assumed facts will be an appropriate set of illustrative factual assumptions such as (by way of example only) the nature of the affected business(es), how the business(es) were affected, whether the affected business(es) closed entirely or partially (and why), whether that was before or after the steps referred to in paragraph
ISSUES TO BE DETERMINED. 9. In the court’s view, the pleadings and submissions of the parties raise the following issues for determination:
a) Whether a valid and enforceable contract existed between the Claimant and the First Defendant and if so;
b) Did the Second Defendant indirectly or otherwise receive a benefit under the said contract?
c) Whether the debt allegedly owing to the Claimant was acknowledged by the First Defendant and if not;
d) Does s. 3(1)(a) of the Limitation of Certain Actions Act Chap. 7:093 apply to this matter?
e) Whether the court can infer, on the evidence, that Clockwork Construction and Clockwork Construction Ltd. were referred to and used interchangeably by the Claimant, to mean Clockwork Construction & Hardware Supplies. 3 The following actions shall not be brought after the expiry of four years from the date on which the cause of action accrued, that is to say: (a) actions founded on contract (other than a contract made by deed) on quasi-contract or in tort
ISSUES TO BE DETERMINED. The main issue which the Court had to determine was whether the Claimant was wrongfully and/or unfairly dismissed and whether she should be awarded damages.
ISSUES TO BE DETERMINED. The issues in this dispute for our consideration are:
a. Whether the Contract was concluded in US Dollars or in Euros.
b. The sampling procedure, quality matters and final settlement allowances for the goods at discharge.
ISSUES TO BE DETERMINED. 4.1 The issues to be determined are:
a. Whether the Contract was concluded in US Dollars or in Euros.
b. The sampling procedure, quality matters and final settlement allowances for the goods at discharge.
ISSUES TO BE DETERMINED. Whether the claimant has proven that it is entitled to the outstanding sum of $190,378.19;
ISSUES TO BE DETERMINED. Whether there was a valid contract between the claimant and the defendant. Arising therefrom are the following sub issues;
ISSUES TO BE DETERMINED. Before the Court for its determination are the following issues: