Sentences with phrase «act under the same circumstances»

Instead of acting as a reasonable person would act under the same circumstances, a beach patrol professional is required to act in the same manner that a reasonable beach patrol professional (with the same circumstances, training, and education) would have acted.

Not exact matches

For example, in a motor vehicle accident case, a defendant driver owes all other drivers on the road to act as a reasonably prudent and careful driver would act under the same or similar circumstances.

«Would a reasonable person, acting under similar circumstances, have acted in the same way?»

Medical malpractice claims occur when a doctor acts or fails to act in a manner in which a reasonably prudent doctor (with the same training, education, and practicing in the same field of medicine) would act under the same set of circumstances.

For example, if a person dies on the operating table because the anesthesiologist administers too much anesthesia, then the question becomes whether a properly trained anesthesiologist, under the exact same circumstances, would have acted differently.

The Act lists a variety of proceedings in respect of which there is no limitation period (section 16): proceedings for declarations; proceedings to enforce court orders and other orders that are enforceable in the same way as court orders; proceedings under the Family Law Act relating to support; proceedings to enforce arbitration awards; proceedings by persons in possession of collateral to redeem or realize on it; proceedings arising from sexual assault in certain circumstances; proceedings to recover fines, taxes and penalties owing to the Crown; proceedings relating to claims by the Crown (or by a delivery agent under social welfare legislation) in various circumstances; proceedings to recover money owing in respect of certain student loans, awards and grants.

The definition of negligence is the failure to act with the level of care that a reasonable person would have exercised under the same or similar circumstances.

The property owner will normally be held to the standard of care of a reasonable person acting under the same or similar circumstances.

Negligence is defined as the failure by someone to act with the level of care that a reasonable person would have exercised under the same or similar circumstances.

Any person who, without lawful excuse, knowing or having reason to believe the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Kenya the person committing it would have been guilty of a felony or misdemeanour, receives or has in his possession any property so stolen or obtained outside Kenya, is guilty of an offence of the like degree (whether felony or misdemeanour) and is liable to imprisonment for seven years.

The Second Motion Judge concluded «In my view, it is essentially an alternative theory of liability for the same complaint... I agree with the Plaintiffs that the Amended Claim does not advance a «new cause of action» for the purposes of the Limitations Act and under normal circumstances an amendment would be permissible under Rule 26.01 [of the Rules of Civil Procedure, R.R.O. 1990, Reg.

Under the new Rules, dual agency, the practice of acting on behalf of both the buyer and seller on the same trade, will be prohibited except in extremely limited circumstances.

The licensee acting for the second buyer should also advise the second buyer to obtain legal advice under the same circumstances.