Sentences with phrase «duty by»

Split - screen multiplayer is always worth celebrating, but Vector Unit likes to go above and beyond the call of duty by providing 6 - player split - screen in its console racing games.
Additionally, team up with your friends in the online mode that redefined Call of Duty by introducing killstreaks, XP, Prestige and more in customizable, classic multiplayer modes.
But it's not about hunting monsters in the way that Call of Duty is about answering the call of duty by shooting terrorists, saving the world, and watching Kevin Spacey seethe his way through cutscenes.
There could accordingly have been no impediment to the claimant suing in negligence for the alleged breach of duty by her professional advisers once such breach had caused loss in the form of her imprisonment.
In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (generally the standard of...
breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person),
Auld LJ, therefore, is in no doubt, that the presence of such potential for conflict in suspected parental child abuse cases, and the risk thereby of harm and the gravity of that harm to children «are such that doctors and social workers should not be hampered in the exercise of that duty by a sense of caution flowing from the imposition of a countervailing duty of care to parents».
Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.
In his ruling, which followed a 58 - day trial held in January 2013, Justice E.M. Myers concluded the Bolaños opportunity belonged to FSR and Davila did, in fact, breach his fiduciary duty by acquiring the Bolaños mine.
Between now and when you have been discharged from jury duty by the judge, you must not provide or receive any information about your jury service to anyone, including friends, co-workers, and family members.
The breach of duty exception provides that in a lawsuit between an attorney and a client based on an alleged breach of duty by the lawyer, attorney - client communications relevant to the breach are not protected by the attorney - client privilege.
In order to establish a premises liability case, you will need to prove that the property owner owed you a duty of care, that the property owner breached that duty by leaving his property unreasonably dangerous, and that you suffered an injury as a result.
(10) The prescribing of forms under subsection (9) or the exercise of any power or the performance of any duty by the Chief Electoral Officer that he or she is authorized or required to exercise or perform under this Act shall be deemed to be an act or acts of an administrative nature.
Defended a communications company: shareholder derivative action asserting breach of fiduciary duty by introducing certain subscription TV offers.
In Midland Resources Holding Limited v. Shtaif, 2017 ONCA 320, the court partially upheld complicated and detailed findings of fraud, unlawful conspiracy, deceit, and breach of fiduciary duty by the shareholders and directors of two failed corporate ventures to develop oil and gas fields in Russia.
Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 - million contract.
The employers owed a duty of care to their employees and had breached that duty by exposing those employees to foreseeable risk of injury.
The accumulation of toxic fumes in the sewage pumping station at the junction of Elba Crescent and Baldwin Crescent, Crymlyn Burrows, Port Talbot on 10.10.96 and as to (a) the nature and source of the substance which accumulated in the sewage pumping station and in particular whether it was trichlorofluoromethane, (b) the nature and extent of duty of care owed to the various claimants by each of the respective defendants, (c) whether the substance accumulated as the result of a failure to take reasonable in the circumstances and / or other breach of duty by Gower Chemicals and / or Neath and Port Talbot County Borough Council, (d) whether the accumulation and toxicity were foreseeable by them.
«They contend Reynolds breached this duty by failing to warn father about the dangers of secondary asbestos exposure.
For example, if an elderly person has weak joints and has trouble hitting the brakes hard enough, and someone in front of him stops suddenly, requiring an immediate response for the elderly person, the elderly person might breach his duty by failing to hit the brakes quickly enough.
The plaintiff would have to prove that the RP defendant owed a duty of care not to post and distribute intimate images of the plaintiff, that the defendant breached the duty by indiscriminately posting the image, and that plaintiff suffered injury as a proximate cause.
In the recently released endorsement, In the Estate of Norma Baer, the Court grappled with a contested passing of accounts in the face of an admitted breach of fiduciary duty by the estate trustees.
Trespassers, at the opposite end of the continuum, are to be given little duty by businesses to protect them from harm when they are illegally on the business» grounds.
Investigating a suspected breach of fiduciary duty by two partners in an international venture capital firm, an Am Law 100 law firm sought temporary restraining orders in three jurisdictions (London, New York and Los Angeles) and needed help uncovering evidence that the two partners were exploiting corporate opportunities that belonged to the partnership.
Breach: The person or entity must have breached that duty by acting or failing to act in a certain way toward the injured person;
Key to this decision, and perhaps vital to the ongoing success of the TFWP, is a baseline appears to have been set regarding employers meeting their duty by following the rules articulated by the Government of Canada, and the Service Canada officers met their duty by applying the rules in an unfettered way.
The plaintiff must first demonstrate that the defendant owed the plaintiff a duty of care and breached this duty by failing to uphold their end of the bargain.
In that example, it appears that the injured driver breached a legal duty by failing to use his seatbelt, a device that would help restrain him in the event of an accident.
Although premises liability cases can be very different, they all involve neglect of duty by someone who owns or maintains property.
To show that a defendant was negligent, a motorcyclist must prove: (1) he was owed a duty by the defendant (usually a duty to exercise reasonable care), (2) the defendant breached that duty, (3) proximate cause, and (4) damages suffered as a result of the breach of duty.
Her ladyship was entirely sympathetic to the proposition that where a local children's services authority provided or arranged accommodation for a child, and the circumstances were such that they should have taken action under s 20 of ChA 1989, they could not side - step the further obligations which resulted from that duty by recording or arguing that they were acting under s 17 or some other legislation.
If proceedings were started the respondent's duty by way of standard disclosure would extend to the (class of) documents that the applicant seeks (CPR r 31.16 (3)(c)-RRB-.
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Her ladyship applied that list to the instant case and held that every item should be assessed in A's favour, that the duty had arisen, and that the authority were not entitled to «side - step» that duty by giving the accommodation a different label.
The driver failed to comply with this legal duty by operating the vehicle carelessly and causing a collision;
In its decision, the Federal Court of Appeal considered four issues: whether the Colony of British Columbia had breached its pre-emption legislation; whether the Colony had breached a fiduciary duty by allowing the village lands to be settled; Canada's liability for the Colony's breaches under the Specific Claim's Tribunal Act; and whether Canada's post-Confederation allotments of Band reserves remedied any potential breaches and fulfilled any possible fiduciary duties owed.
Miller goes on to add some other activities which, in his view, constitute criminal contempt: obstructing persons officially connected with the court or its process, interference with persons under the special protective jurisdiction of the court, breach of duty by persons officially connected with the court or its process, forging, altering or abusing the process of the court, divulging the confidences of the jury room, preventing access by the public to courts of law, service of process in the precinct of the court, and disclosing the identity of witnesses.
Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 million contract.
Appearing for and advising former directors of a company in relation to numerous allegations of fraud and breach of fiduciary duty by former shareholders and the purchasers of the company.
The dissent was concerned about this point, accusing trial judges of externalizing their duty by shifting the responsibility to amici who assume the role of defence counsel (para 115).
He arguably breached this duty by pursuing a legal claim he was told by the court that he could not.
It instead discharges its duty by providing sufficient information to the physician.
Learn more about light duty by contacting the workers» compensation attorneys at Strong Law Offices: 866-606-7862.
We feel the failure to implement provisions that would have gone some way to ensuring that employees did not suffer unwanted harassment from third parties, because a duty was placed on their employer to take reasonable steps to prevent it, is a derogation of duty by the government.
The Chancellor also cited the administrators» counsel's reliance on the authority of Re Westmid Packing Services Limited, (no 2)(1998) 2 All ER 124 CA; to the effect that it is itself a breach of duty by the remaining directors to allow themselves to be dominated or bamboozled by one of their number.
[203] Contrary to the views expressed by the Contesting Debentureholders, the Court finds that the ruling in Peoples is not necessarily incompatible with the application of the Revlon Duty by the BCE Board in accepting Purchaser's offer.
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Justice La Forest observed in the Hodgkinson case that, «From a conceptual standpoint, the fiduciary duty may properly be understood as but one of a species of a more generalized duty by which the law seeks to protect vulnerable people in transactions with others».
A driver breaches this duty by driving under the influence and causing a motorcycle accident.
The widow of a software company CEO claims a lawyer breached a fiduciary duty by failing to safeguard the frozen sperm of the widow's late husband.
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