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Backdating Must Not Contravene Applicable Rules or Legislation In addition to misleading a third party, female cab drivers in bangalore dating backdating may also be impermissible where it contravenes applicable rules or legislation. This practice is colloquially known as backdating.
Assess whether the backdating is intended to deceive or harm third parties including government and regulatory bodies. Moreover, the respondents did not need to rely on the backdating to establish their claim against the appellant. Ascertain if the backdating would violate a law or adversely affect the rights of third parties including government and regulatory bodies.
The concept of proportionality encompasses the idea of remoteness. It would have meant that the respondents could continue to take advantage of the original terms of their bank loan. Rather, it is the use of the backdated documents by the parties or their counsel that may violate the law. If the intention was mutual, the contract would be unenforceable by both parties.
Only proceed if the answer is no. Specialist advice should be sought about your specific circumstances. For example, in Research in Motion Ltd.
This is because documents take time to draft, negotiate and execute. Such relation back or forward contravenes no principle of law and is determined by the intent of the parties as deduced from the instrument itself. As there was no crime, tort or fraud committed in the present case, this category was not immediately relevant. The company attempted to impede the unionization by hiring additional employees that were against the union.
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As such, it can be disproportionate if contracts are rendered void and unenforceable in all cases of legal wrongs. Contracts made to commit fraud include contracts to commit a fraud on a third party, giving rise to a cause of action in the tort of fraudulent misrepresentation. In the law of contracts, it is elementary that ordinarily a contract speaks from the day of its date, regardless of when it was executed and delivered. To cure this deficiency, the company, and their solicitor, backdated the contracts of the newly hired employees to a date before the application to unionize.
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