. the individual securities to be repaid will be selected from among the outstanding securities in this series no later than 60 days before the redemption date, the terms of which have not yet been called for redemption. by the syndic using a method he considers fair and appropriate … Just to set the scene, here`s how Black`s Law Dictionary (9th ed. 2009) defines fairly: The bottom line: Use fairly when referring to value and in the context of competing interests. In other contexts, it is likely that reasonable would be a better alternative. In contexts that do not involve competing interests, I would get rid of them fairly: the manager will act fairly and reasonably by dividing investment and trading opportunities between the account and each reference account. I have already thought about relevance and good faith. (See MSCD 13,557 and this 2011 article.) Now is the time to think about fairness. But you should look for the use of fair in terms of art, as in the accounting expression a true and fair picture: the original financial statements (if any) give a true and fair view of the consolidated financial position and operations at the end and for the financial year in question, as well as the results of the group for that financial year. It often happens that fair is associated with another adjective. I suggest that if the fair works in the examples above, you can safely eliminate its companion. In particular, I propose that a subset of reasonableness be fair in this context.
In contracts on the SEC`s EDGAR system, the word fair is most commonly used in the term Fair Market Value and its variants. But they also see fair use in the context of lawsuits with competing interests: . To the extent that such statements summarize legal issues, agreements, documents or procedures discussed therein, they are accurate and fair summaries of such legal issues, agreements, documents or procedures. The Parties acknowledge, warrant and represent that the Parties and their counsel have each participated in the drafting of this Agreement and any provision thereof that the Agreement as a whole shall be construed as appropriate. Although a true and fair vision is annoyingly clumsy, I would be careful to interfere with it. I`ve also seen fair be used in a way that makes me scratch my head. For example: just, adj. (ref.
12c) 1. Impartiality; only; fair; disinterested . 2. Free from prejudice or prejudice . Why do “left” and “right” mean liberal and conservative? Describe 2020 in one word? We asked, you answered. What is the difference between “that” and “being”? “Alligator” vs “Crocodile”: Do you know the difference? “Epidemic” vs “Pandemic” vs “Endemic”: What do these terms mean? “Affect” vs “Effect”: Use the right word whenever the Dictionary.com word of the year for 2020.. east…