When do two identical properties cease to be identical?
When do two identical properties cease to be identical?
Two properties which are otherwise identical do not cease to be so merely because one is subject to a charge or other external condition which may affect its price and the other is not, provided the external condition does not change any of the constituent elements of the particular property (e.g., provincial retail sales tax, commission fees).
How are identical properties defined in the ITAR?
For the purpose of subsection 26 (8) of the ITAR, properties owned by a life insurance corporation which would otherwise be identical are deemed by subsection 26 (8.1) of the ITAR not to be identical unless they are (c) non-segregated property described in ¶ 10 (b) above.
How is the identical nature of a property affected?
The identical nature of properties is not affected by the fact that ownership is evidenced by means of certificates which may represent different quantities of the properties, as in the case of share certificates or gold certificates. ¶ 3.
When are futures contracts considered to be identical?
Commodity futures contracts which grant to the holder thereof the same rights are considered to be identical. That is, futures contracts for the same standard amount of the same commodity for delivery in the same month are considered to be identical. ¶ 9.
What is the difference between res judicata and issue preclusion?
Res judicata includes two related concepts: claim preclusion and issue preclusion (also called collateral estoppel or issue estoppel), though sometimes res judicata is used more narrowly to mean only claim preclusion.
When does collateral estoppel preclude re-litigation?
Under collateral estoppel, once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude re-litigation of the issue in a suit on a different cause of action involving a party to the first cause.
Are there any ethical issues with secondary data?
Concerns about secondary use of data mostly revolve around potential harm to individual subjects and issue of return for consent. Secondary data vary in terms of the amount of identifying information in it.
Can a claim be brought again on a previous cause of action?
Claim preclusion bars a suit from being brought again on an event which was the subject of a previous legal cause of action that has already been finally decided between the parties or those in privity with a party.