Sentences with phrase «acting under similar circumstances»

One way to determine if your conduct was reckless is asking what a reasonable person acting under similar circumstances would have done.

For example, a doctor who is under scrutiny in a medical malpractice claim will be compared to a reasonable doctor acting under similar circumstances, while a nurse will be compared to the reasonable behavior of another nurse.

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

Negligence refers to the failure of an individual to behave how a reasonably prudent person would have acted under similar circumstances.

Negligence: If your broker or financial advisor failed to comply with industry standards or failed to act how a reasonably prudent investment advisor would have acted under similar circumstances, our attorneys may be able to help you file a negligence claim.

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.

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

But apparently, a Supreme Court case is pending over a similar issue of the circumstances in which non-attorney parents can represent their children under the Individuals with Disabilities Education Act.

The driver's circumstances were similar to a case previously decided by the Supreme Court, in which an employee had asserted claims under the Conscientious Employee Protection Act.

This standard of care requires them to act with the «level of skill, knowledge, and care that other reasonably careful medical professionals would use» under similar circumstances.

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.

Section 1311 (c)(6)(C) of the Affordable Care Act directs the Secretary of HHS to require an Exchange to provide for special enrollment periods specified in section 9801 of the Code and other special enrollment periods under circumstances similar to such periods under part D of title XVIII of the Act.