Search - consideration

The substance of the transaction is that Lodestar purchased a half interest in a lease in consideration of its undertaking to drill a certain well; that the estimated cost of drilling this well was more than the company wanted to risk and that it therefore sold one-half of its own one-half interest for $27,500, leaving itself still subject to the obligation to pay the full cost of drilling. ...

Any payment or compensation for liquor furnished in contravention of this Act or otherwise, in violation of the law, whether made in money or securities for money, or in labour or property of any kind, shall be held to have been received ' without any consideration and against justice and good conscience, and the amount or value thereof may be recovered from the receiver by the party who made the same.’’ ...

“Now therefore this Agreement witnesseth: That in consideration of the outlays and expenses incurred and to be incurred by the Association in providing means for handling, manufacturing and marketing the milk and dairy products of the Producer as mentioned herein, the said parties have agreed to, and do hereby agree as follows:—. ...

Had the statute itself not defined the term ‘‘sales price’’, it might well be argued that the sale price was what the purchaser paid to the vendor as consideration for the object of the sale and that since the purchaser had to pay the excise tax to the vendor, such excise tax should be treated as part of the purchase price. ...

If the matter were doubtful, a consideration of the words of section 7(b) would seem to indicate that the fact that little or no capital is employed by a person is not alone sufficient to create an exemption from taxation under the Act. ...

It must, however, be noted that this was based on the context of the specific section under consideration in which subs. 6(a) specifically excludes among other things: “sand pit, gravel pit”. ...

He observed not only that this evidence did not form part of the record in the case before him, but also that any direct evidence as to the intention of the parties was to be excluded from consideration under the parol evidence rule.  ... In this way, the royalty does no more than assure the licensed party a certain margin of profit in consideration of its role in these anticipated future transactions. ... This conclusion is only reinforced, in my view, by the fact that the contemplated royalty rates are based on the amounts received by subsequent purchasers in consideration of the sale of final‑dosage forms to the retail trade.  ...

The Court of Appeal found that the trial judge erred in law by relying exclusively on documents and forms and did not give proper consideration to the reality of the situation.   21                                After it has been found that the sham doctrine does not apply, it is necessary to examine the documents outlining the transaction to determine whether the parties have satisfied the requirements of creating the legal entity that it sought  to create.  ... The important consideration is that the 99 percent partnership interest owned initially by Leasing and then the Bank carried with it a right to share in the profits of business carried on by the Partnership.   42                                It is not disputed that the ultimate objective of the series of transactions  entered into by the parties and in particular the Partnership was to duplicate the tax consequences of the original share transaction with Central.  ... Genereux (1982), 39 O.R. (2d) 55 (H.C.), at p. 64:   It is, however, well established that whether or not they are pleaded, if facts are shown in the course of a trial which may render an agreement unenforceable by reason of illegality or public policy a court must take these facts into consideration and, depending on the circumstances, act upon them if necessary by refusing to lend its assistance to a party seeking to enforce his or her rights by relying on the agreement.   86                                I have discussed the doctrine of illegality as applied to contracts prohibited by statute.  ...

The scope of the subsection is not obscure for one does not speak of benefitting a person in the sense of the subsection by making a business contract with him for adequate consideration.   ... I agree with both Thurlow J. and Strayer J. in their characterization of the purpose of the section and, specifically, I concur with their view that the section reasonably cannot have been intended to cover benefits conferred for adequate consideration in the context of a legitimate business relationship.   ... I turn then to a consideration of the income tax consequences of the dividend payments.   ...

In light of all of the relevant considerations, the appellants used the patented genes and cells, and infringement is established.   ... Second, the inquiry must be contextual, giving consideration to the other words of the provision.  ... However, commercial interests are not the only considerations.  There are three further themes to purposive construction of patent claims.  ...