Sentences with phrase «action of a reasonable person»

Is this the action of a reasonable person?

Not exact matches

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

All of these approaches are valid and rational and reasonable, and based on the fact that this man's actions are inconsistent both with the non-religious person's experiences, and what the non-religious person sees the vast majority of religious people doing, we can say that this man was most likely delusional.

People who equate criticism of Russia and disagreement with with its actions with hate, are neither reasonable nor rational.

Without a clear message that the problem is real, severe and needs urgent action - and no reasonable person would doubt that - vested interests will have no problem exploiting marginal points of disagreement to create a sense of uncertainty around the fundamentals.

Guidelines for the Crown Prosecution Service would also be amended to ensure they «take account» of actions intended to prevent a crime, in a «double lock» intended to ensure that people who take reasonable steps to intervene to prevent disturbances are not faced with unfair prosecution.

«Reasonable people can disagree on the actions and impact of Oscar Lopez Rivera.

This means the action must be reasonable, proportionate and imposed by an authorised person (normally a paid member of the teaching staff) and not in breach of any statutory requirement or prohibition.

Whenever any civil action has been brought against any officer of the Florida College System institution board of trustees, including a board member, or any person employed by or agent of the Florida College System institution board of trustees, of any Florida College System institution for any act or omission arising out of and in the course of the performance of his or her duties and responsibilities, the Florida College System institution board of trustees may defray all costs of defending such action, including reasonable attorney's fees and expenses together with costs of appeal, if any, and may save harmless and protect such person from any financial loss resulting therefrom; and the Florida College System institution board of trustees may be self - insured, to enter into risk management programs, or to purchase insurance for whatever coverage it may choose, or to have any combination thereof, to cover all such losses and expenses.

In states that do have a legal definition it is usually defined as whether a «reasonable person» would think that an official has what appears to be a conflict of interest and therefore has a responsibility to take action to eliminate that appearance.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person.

(a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

A reasonable number of people don't like book 3, either - family building is not as interesting as action to many readers.

Intimidation under this section is defined as what a reasonable, prudent person under same or similar circumstances would consider intimidation and whether that person would have felt intimidated by the actions of the animal in question;

Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.

On learning the complete history, I'm convinced that no reasonable person could conclude that the errors in Mann's work, his actions to defend it then or since, or the incessant bullying of his perceived opponents is innocent.

In other words, so long as your boss's action would be likely to deter a reasonable person from engaging in the protected activity, you probably have a case of retaliation.

Much of a negligence case revolves around assessing whether the defendant's actions were reasonable and whether a reasonably prudent person would have acted differently.

The failure to exercise the requisite standard of care toward others which a reasonable or prudent person would exercise in the circumstances, or taking action that a reasonable person would not.

[46] I would essentially adopt as the elements of the cause of action for public disclosure of private facts the Restatement (Second) of Torts (2010) formulation, with one minor modification: One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of the other's privacy, if the matter publicized or the act of the publication (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public.

Reasonable people would agree that our actions should be tempered by considerations for the safety and well - being of others, that we are bound by a «duty of care.»

The right to manifest one's religion can include an element of proselytization but an employer is entitled to take reasonable action to protect the rights of another person who simply does not want to give up their own religion.»

It presages a law captured by the rhetoric of the right to freedom of expression without due regard to the value underlying the particular exercise of that right; a law in which, under the guise of the right to freedom of expression, the «right» to offend can be exercised without responsibility or restraint providing it does not cause a disruption or disturbance in the nature of public disorder; a law in which an impoverished amoral concept of «public order» is judicially ordained; a law in which the right to freedom of expression trumps — or tramples upon — other rights and values which are the vital rights and properties of a free and democratic society; a law to which any number of vulnerable individuals and minorities may be exposed to uncivil, and even odious, ethnic, sexist, homophobic, anti-Christian, anti-Semitic, and anti-Islamic taunts providing no public disorder results; a law in which good and decent people can be used as fodder to promote a cause or promote an action for which they are not responsible and over which they have no direct control; a law which demeans the dignity of the persons adversely affected by those asserting their right to freedom of expression in a disorderly or offensive manner; a law in which the mores or standards of society are set without regard to the reasonable expectations of citizens in a free and democratic society; and a law marked by a lack of empathy by the sensibilities, feelings and emotional frailties of people who can be deeply and genuinely affronted by language and behaviour that is beyond the pale in a civil and civilised society.

The opinion concludes that requiring a student to misuse Lexis or Westlaw as described above — or knowing of such a violation and failing to take reasonable remedial actions — is a violation of Rule 5.3 of the Rules of Professional Conduct, pursuant to which a lawyer with supervisory authority over a non-lawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer.

(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

When applying an objective standard, the court determines whether a reasonable third person would consider the employee to have been constructively dismissed as a result of the employer's unilateral actions.

Under Model Rules 5.1 (c) and 5.3 (c), a lawyer is responsible for the conduct of another person — lawyer or nonlawyer — in the firm if either (i) the lawyer ordered the conduct or knowingly ratified the conduct, or (ii) the lawyer, in a partnership or managerial role, or with «a direct supervisory authority,» knew of the conduct at a time when its consequences could have been avoided or mitigated but failed to take reasonable remedial action.

An assault can also happen when someone makes any gesture or action which makes another person feel a reasonable apprehension of harm.

In order for federal prosecutors to secure a conviction for conspiracy, they must prove, beyond a reasonable doubt, that two or more people got together and planned to carry out a crime and also, that they took some action in furtherance of carrying out their plan.

-- see: Foley, [2000] O.J. No 5204 (S.C.J.): a belief in the need for retaliation may be mistaken but reasonable, and, «a person defending against an attack reasonably apprehended can not be expected to weigh to a nicety the exact measure of defensive action required.»

«Evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.»

This person's actions or failure to act breached the duty of reasonable care as a driver and caused your accident and injuries

[84] The actions of the plaintiff would not be anticipated by a reasonable person.

As well, the driver must show that a reasonable person in the circumstances of the pedestrian would have taken and succeeded in actions which would have avoided impact with the driver's car: Olesik v. Mackin (23 February 1987), Vancouver B860365 (S.C.); Pinto v. Rana, [1993] B.C.J. No. 1312 (S.C.).

(3) In a motion or proceeding for an injunction to restrain a person from an act in connection with a labour dispute, the court must be satisfied that reasonable efforts to obtain police assistance, protection and action to prevent or remove any alleged danger of damage to property, injury to persons, obstruction of or interference with lawful entry or exit from the premises in question or breach of the peace have been unsuccessful.

With respect to the knowing receipt claim, Justice Horkins held that the claim disclosed a reasonable cause of action, as it pled the existence of a trust, a breach of that trust, constructive knowledge of the breach of trust on the part of BMO (knowledge of facts sufficient to put a reasonable person on notice or inquiry of the breach of trust), and the receipt of trust property by BMO for its own use and benefit by way of service fees associated with the impugned transactions.

Ms. Gibson's suggestion of using an agency person at a rate of $ 24 per hour at an annual cost of $ 22,276.80 ($ 21,216 plus 5 % GST) is the most reasonable course of action.

This is the province's first - ever class action involving the new tort of «intrusion upon seclusion», which allows individuals to advance a civil claim for damages against an intruder who intentionally invades their privacy, without legal justification, in a manner that is highly offensive to the reasonable person.

If any person knowingly violates any of the provisions of G.S. 84 - 4 through G.S. 84 - 6 or G.S. 84 - 9, fraudulently holds himself or herself out as a North Carolina certified paralegal by use of the designations set forth in G.S. 84 - 37 (a), or knowingly aids and abets another person to commit the unauthorized practice of law, in addition to any other liability imposed pursuant to this Chapter or any other applicable law, any person who is damaged by the unlawful acts set out in this section shall be entitled to maintain a private cause of action to recover damages and reasonable attorneys» fees and other injunctive relief as ordered by court.

Generally, a personal injury action requires an injury sustained as a result of the failure of another person to exercise reasonable care under the circumstances.

[3] Discriminatory actions and expressions of bias or prejudice by a judge, even outside the judge's official or judicial actions, are likely to appear to a reasonable person to call into question the judge's integrity and impartiality.

Make reasonable efforts to ensure that the organization provides a process for (a) receiving and responding to feedback about the accessibility of its goods or services in a manner that is appropriate in the circumstances and is suitable for persons who are disabled by barriers; and (b) documenting its resulting actions and making that documentation available on request.

In the context of state action engaging s. 7 of the Charter,... (subject to justification) the state can not impose duties on lawyers that undermine the lawyer's compliance with that duty, either in fact or in the perception of a reasonable person, fully apprised of all of the relevant circumstances and having thought the matter through.

Nor is the remote possibility of injury enough; there must be a sufficient probability of injury to lead a reasonable person (in the position of the defendant) to anticipate it... The question is whether a reasonable 13 year old boy, in the situation that [the defendant] was in, would have anticipated that some significant personal injury would result from his actions in playing tag as he did.»

«We applaud the CJC majority report to the minister that properly confirms that the question here was not whether the judge was apologetic, but rather whether the conduct under review is of such a nature that a reasonable person would lose confidence in the judiciary,» says Kim Stanton, legal director at the Women's Legal Education and Action Fund, which was an intervener in the case.

Lord Justice Aikens adopted the same analysis: «Before holding that a person has acted negligently so as to be liable in an action for negligence, the court must be satisfied that a reasonable person in the position of the defendant (ie the person who caused the accident) would contemplate that injury is likely to follow from his acts or omissions.

(1) Subject to section 89, the Superintendent may make an order requiring an administrator or any other person to take or refrain from taking any action in respect of a pension plan or a pension fund if the Superintendent is of the opinion, upon reasonable and probable grounds,