A remedial statute
is broadly defined as any statute enacted to protect life, property, or the public welfare.
As an initial matter, courts examine whether the TCPA is a penal or remedial statute
The maxim that one should give a "liberal" reading of a remedial statute
parallels the rule of in dubio pro operario, to the extent a "liberal" reading includes an understanding of how the statute aims to benefit weaker parties; inasmuch as it does, the maxim makes significant sense from a Latin American perspective.
28, 2004) ("[I]t does not serve the purposes or policies of [SOX] to take too pinched a view of this remedial statute
when it comes to protecting those in an organization who can address the concerns Congress sought to correct.
It is a remedial statute
patterned after the Post-Assessment Insurance Guaranty Association Model Bill, promulgated by the National Association of Insurance Commissioners (NAIC).
Following the obligatory salute to the CFA as an expansively read, liberally interpreted remedial statute
, the Appellate Division rejected the trial court's interpretation, emphasizing not only the fact that Czar was not the general contractor, but also that it was not involved in any of the electrical, plumbing or structural work.
However, in Penzoil-Quaker, it reconciled its previous interpretation with its focus on Congressional intent for a remedial statute
, thus allowing more potential determinations of tax under equitable Sec.
in which it is declared to be petit treason "where a servant slayeth his master," has always been construed to comprehend a servant who kills his mistress, or his master's wife; afortiori in a remedial statute
shall the term administrator include executor.
i]n the construction of a remedial statute
, the previous mischief
The FMLA is a remedial statute
and should be construed broadly to effectuate its purposes.
The crux of both these problems is that workers' compensation is almost always a remedial statute
requiring that the common law rule of liberal construction be used during interpretation.
In addition to being a remedial statute
, the Supreme Court of the United States has held that section (1635f) is a statute of repose, (36) limiting the right of a borrower to assert rescission more than three years after execution of a mortgage loan as an affirmative defense when the borrower is a defendant in a collection action.