• given the circumstances – с учётом этих обстоятельств
• given her condition – с учётом её состояния
• given his age – с учётом его возраста
• given Germany's past – с учётом прошлого Германии
• given that – с учётом того, что
• given the fact that – с учётом того, что
См. также: give up a share, give a severe reprimand, give an undertaking, give up smoking
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aggravating circumstances Circumstances that increase the seriousness or outrageousness of a given crime, which will increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury, or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence. (Nolo's Plain-English Law Dictionary)
The English requirement for consideration does not apply in Scotland, so it is possible to have a gratuitous contract, i.e. a contract where only one of the parties comes under any duties to the other (e.g. a contract to perform services for no consideration). If, however, consideration is given, as for example in a sales contract, the contract is said to be onerous. (Wikipedia)
In contract law, we can sort the rules into two sorts, "default rules" and "mandatory rules."
Here's an example. The Uniform Commercial Code (or UCC, the codified law of contract that applies to contracts between businesses as a matter of state law in the United States) creates a duty to act in good faith--this is a mandatory rule, because this duty cannot be disclaimed by a contractual provision. The UCC also includes an implied "warranty of merchantability," that attaches to contracts, but can be waived by agreement--this is a default rule.
Grasping this distinction is important for at least two reasons. First, unless you know whether a given rule of contract law is a default rule or a mandatory rule, you don't really know the law. And it isn't always clear whether a given rule is one or the other: the usual tipoff is language like, "unless the contract provides otherwise" or "absent an agreement to the contrary." (Legal Theory Lexicon 050: Default Rules and Completeness)
• given
• givens
• give
• gives
• gave
• giving
