Sentences with phrase «arise out of the duty»

Not exact matches

Trading fees: In addition to paying trading fees and stamp duties in connection with A-share trading, investors carrying out Northbound trading via Shanghai - Hong Kong Stock Connect should also take note of any new portfolio fees, dividend tax and tax concerned with income arising from stock transfers which are yet to be determined by the relevant authorities.

To parents whose economic means are insufficient... it is the duty of the State to furnish the necessary means... from the common funds arising out of the taxation of the whole country.

I should mention that these divisions arose out of the church's sincere struggle to understand their faith, their place in the world, and their duty in the world, and I'm not so sure that is a bad thing.

So the human response to parents, mixed as it is with duty, guilt, and emotional dependency, appears not to arise out of any biological necessity.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

Obligation definition, something by which a person is bound or obliged to do certain things, and which arises out of a sense of duty or results from custom A measure of the efficiency of a person, machine, factory, system, etc., in converting inputs into useful outputs.

Obligation definition, something by which a person is bound or obliged to do certain things, and which arises out of a sense of duty or results from custom Stamp duty is a tax that is levied on documents.

Grab your dick and get off now at Obligation definition, something by which a person is bound or obliged to do certain things, and which arises out of a sense of duty or results from custom

04 Jan 2018, 7:33 pm Comment: Theresa May needs two Cabinets if she wants to drive through Brexit and fix the housing crisis Obligation definition, something by which a person is bound or obliged to do certain things, and which arises out of a sense of duty or results from custom

In that role, Mr. Nash provided legal assistance to NJPSA members for legal issues arising out of the performance of their duties.

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.

Each district school board may provide legal services for officers and employees of the school board who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities.

If you have an exigency arising out of the fact that your spouse, child, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation, you may qualify to suspend your service obligation.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To effectively carry out your duties and protect the public, animals, and yourself, it is crucial to receive special training designed to help you understand the laws that apply to situations involving animals, enable you to quickly interpret animal behavior in face - to - face interactions, and be aware of the special issues that may arise in investigations involving crimes against animals.

You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

The bottom line: where the root cause of a claim arises out of an insured's business practices or professional activity, the insurer has a duty to defend.

The Third Circuit in In re Bevill Bresler & Schulman Asset Management Corp., developed a five - part test (the Bevill test) to examine the merits of such an assertion by an individual employee against company counsel.50 Under this test, employees must show that (1) they approached corporate counsel for the purpose of seeking legal advice; (2) they made it clear that they were seeking advice in their individual capacity; (3) counsel sought to communicate with the employee in this individual capacity, mindful of the conflicts with its representation of the company; (4) the communications were confidential; and (5) the communications did not concern the employee's official duties or the general affairs of the company.51 The Bevill test has been recognised by other jurisdictions as a means of assessing whether a company employee may assert attorney — client privilege in an individual capacity arising out of communications with corporate counsel.52 (See also Chapter 13 on employee rights.)

Our expertise spans disputes relating to joint ventures, derivative actions, unfair prejudice petitions, misfeasance, breaches of directors» duties, misappropriation of company funds, shareholder deadlock, breach of warranty and indemnity claims, shareholder leaver clauses and issues arising out of covenants.

It provides that the duty to provide the assessment to the court arises irrespective of the outcome of the assessment and so even after a conclusion that there is no risk of harm, the assessment is to be given and in reporting the outcome the officer is to make clear the factors that triggered the decision to carry out the assessment.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

All property owners have a duty to keep their property reasonably safe for lawful visitors and may be held accountable for a visitor's injuries arising out of a dangerous condition on the property.

Aquatech sought a declaration from the Ontario Superior Court of Justice stating that two of its three insurers (Lombard and ACE INA) had a duty to defend the actions against it for damages arising out of the accident.

Represented receiver in claim brought in the U.S. District Court for the Northern District of Illinois against the directors and officers of AA Capital Partners, Inc., an SEC - registered investment advisor, in a $ 60 million claim for violations of ERISA, breach of fiduciary duty, fraud, and conversion arising out of alleged misappropriation and misuse of investor funds.

May a corporate lawyer and his law firm be sued in Delaware as to claims arising out of their actions in providing advice and services to a Delaware public corporation, its directors, and its managers regarding matters of Delaware corporate law when the lawyer and law firm: i) prepared and delivered to Delaware for filing a certificate amendment under challenge in the lawsuit; ii) advertise themselves as being able to provide coast - to - coast legal services and as experts in matters of corporate governance; iii) provided legal advice on a range of Delaware law matters at issue in the lawsuit; iv) undertook to direct the defense of the lawsuit; and v) face well - pled allegations of having aided and abetted the top managers of the corporation in breaching their fiduciary duties by entrenching and enriching themselves at the expense of the corporation and its public stockholders?

DEG - Deutsche Investitions («DEG») v Koshy and Gwembe Valley Development Co v Koshy and related actions Acted for a state - owned German bank in a long running dispute arising out of an investment in Zambia, involving originally insolvency issues and claims in fraud and for breach of director's fiduciary duties.

Patricia also litigates complex business issues that arise out of breach of fiduciary duty claims, breach of contract claims, shareholder disputes, corporate dissolutions, trade secret issues and real estate matters.

Fiduciary duties can arise out of formal relationships, such as a lawyer or partner, or even informal relationships, if the specific facts or circumstances require the imposition of fiduciary duties.

He has assisted clients in a variety of disputes arising out of, among other things, breaches of contract, breaches of fiduciary duties, fraud, conversion, civil theft, and deceptive and unfair trade practices.

A Decision - maker is immune from liability in any claim for injury that arises out of his or her act or omission during the performance of his or her duties.

The Ontario courts have typically analyzed the parties» rights and obligations arising out of system changes through the terms of the contract and the parties» duty to carry out their obligations in good faith and through fair dealing.

«These cases make it clear, I think, that the duty to give reasons, where it exists, arises out of the circumstances of a particular case.

The extent to which a contract added to the weight of duty of confidence arising out of a confidential relationship would depend upon the facts of the individual case.

«The English Civil Claim is for the in personam remedy of compensation against Mr Antonov and Mr Baranauskas arising out of an alleged breach of their duties as directors, officers or shareholders of Snoras.

In fact, the finding that a duty of care is owed to a third party is relatively rare in cases arising out of the theft of a vehicle because the injury to the third party was not a reasonably foreseeable consequence of the theft.

The Ontario Court of Appeal recently overturned an Order from the Ontario Superior Court of Justice finding that Intact Insurance Company had a duty to defend a defendant in an action arising out of a fatal trip and fall accident which occurred while the deceased was in the course of his employment.

Given all of the potential conflicts that may arise in acquitting its responsibilities, the degree to which boards rely on GCs to provide guidance and support, and the keen insight the GC typically acquires regarding the skills and knowledge required by directors to carry out their duties, it is surprising to me that the GC is usually not involved in interviewing and recommending individual board members.

If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»

With a green paper arising out of the Discrimination Law Review expected shortly, it may be only a matter of time before the three remaining strands — sexual orientation, religion and age — are brought within the ambit of these new duties.

In the corporate arena, we regularly advise on commercial disputes arising out of corporate contracts or transactions including acquisitions, investments and re-organisations, shareholder arrangements, directors» duties and corporate finance transactions.

Represented corporate defendant in direct and derivative litigation involving claims of breach of fiduciary duty arising out of contest for control.

Directors and Officers Liability Insurance (D&O): Coverage for directors and officers of firms or organizations against liability claims arising out of alleged errors in judgment, breaches of duty, and wrongful acts related to their organizational activities.

A courtesy clerk may also perform the duties of a cleaner by helping out in sweeping and moping shopping areas and emptying waste bins whenever the need arises.

The origin of the doctrine making an employer liable for negligent hiring, as well as negligent retention, arose out of the common law fellow - servant law which imposed a duty on employers to select employees who would not endanger fellow employees by their presence on the job.

As used in this subsection and as further defined by general law, the term «first responder» means a law enforcement officer, a correctional officer, a firefighter, an emergency medical technician, or a paramedic, and the term «in the line of duty» means arising out of and in the actual performance of duty required by employment as a first responder.

A Property Settlement Agreement is a written contract between the parties that sets forth their rights, duties, and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children, and child support.

(a) a restraining order or a forfeiture order, or an application for a forfeiture order, under the Proceeds of Crime Act 2002 (or any proceedings, orders, powers, functions or duties under this Act related to, or arising out of, such an order or application); and

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

THIRD PARTY DISPUTES (SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&raquDUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&raquDuty to Defend»).