Sentences with phrase «as negligence which»

Assume, for arguments» sake — the assumption is easier because you're assuming that the law is what the law is — that the principles for causation are the same for omissions as they are for commissions: for negligence which is a failure to act as well as negligence which is an action.

Not exact matches

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which can not be excluded or limited under applicable law.

I, being of lawful age, in consideration of being permitted to utilize the above - described race track facilities and / or participate in and / or observe TVBWFA Barrel Races and / or events release and forever discharge Releases, their heirs, administrators, and executors of and from any and every claim, demand, action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death, and / or property damage which may occur as a result of my utilization of the above described race track facilities and / or any participation in and / or observation of TVBWFA Barrel Races and / or events or any activity in connection therewith, whether by negligence or not.

I / WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.

Notice While every care is taken to ensure the accuracy of the data within this product, the owners of the data do not make any representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and, to the extent permitted by law, the owners of the data disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damages) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason.

- We do not exclude liability for death or personal injury to the extent only that the same arises as a result of negligence for which we are liable.

Despite the Lagos State Attorney General's simplistic and foolhardy assertion that the State Government would «pursue the case against TB Joshua and his Church to a logical end», the truth is that what the government is dealing with is a premeditated and well - orchestrated act of terror carried out by highly proficient, skilled and experienced operatives and not one of involuntary manslaughter which came about as a consequence of negligence on the part of the Church authorities or a faulty foundation.

Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.

In many cases, dangers which lead to injury have little or, no bearing upon the fun or the challenge and «fun» or «challenge» can not be used as an excuse for negligence.

The lessons of the Trojan Horse plot were not, therefore, about the rights and wrongs of faith schools, free schools or academies, but — as Peter Clarke made clear in his report — about poor governance, inadequate Ofsted inspections, and negligence by Birmingham City Council which «failed to intervene appropriately».

Auto & General provides commercial insurance in three general classes: property insurance, which provides protection against events such as a business owner's building being damaged in a fire; liability insurance, which protects the business owner in the event of negligence, and business vehicle insurance.

The Contractor indemnifies the Government and the vessel and its owners against all claims, demands, or causes of action to which the Government, the vessel or its owner (s) might be subject as a result of damage or injury (including death) to the property or person of anyone other than the Government or its employees, or the vessel or its owner, arising in whole or in part from the negligence or other wrongful act of the Contractor, or its agents or employees, or any subcontractor, or its agents or employees.

As long as you are not financing a vehicle, you will have a choice between carrying liability - only insurance coverage, which pays for injuries and damage sustained by others due to your negligence, and full coveragAs long as you are not financing a vehicle, you will have a choice between carrying liability - only insurance coverage, which pays for injuries and damage sustained by others due to your negligence, and full coveragas you are not financing a vehicle, you will have a choice between carrying liability - only insurance coverage, which pays for injuries and damage sustained by others due to your negligence, and full coverage.

So they added on a bunch of capitalized interest to my loan which increased by about 1k, and my credit score was adversly affected because they reported 15 different small loans I have over the course of my bachelors as delinquent... Class action for negligence and lack of care.

That would generally include costs incurred to repair or replace property which is damaged as a result of your negligence through water backup.

In no event shall anything contained herein be so construed as to protect the Foreside against any liability to the Registrant or its shareholders to which the Foreside would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties under this Agreement or by reason of its reckless disregard of its obligations under this Agreement.

c) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit The Travel Magazine liability to You for death or personal injury resulting from our negligence or that of our employees or agents.

The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to, following the complaints procedure as described in these conditions and the extent to which ours or our employees» or suppliers» negligence affected the overall enjoyment of your holiday.

The information on this website is presented in good faith and on the basis that the Saint Lucia Tourist Board, nor their agents or employees, are liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any statement, information or advice given in this website.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

The information on this website is presented in good faith and on the basis that Best On Travel Network, Inc., nor their agents or employees, are liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any statement, information or advice given in this website.

To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

@Upnorth In general, I would think of an accident as a situation caused by negligence, rather than either being intentional or «shit happens» in which no one can be held liable.

Leduc involved a personal injury case in which the plaintiff claimed damages for loss of enjoyment as a result of defendant's negligence.

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which can not be excluded or limited under the law of the United Kingdom.

As mentioned, Washington state observes comparative negligence, which insurance companies can use against you.

She exclusively serves people who have suffered physical and psychological harm through motor vehicle accidents, medical malpractice, occupiers» liability, and other forms of negligence, as well as people whose insurers have failed to provide them the coverage to which they are entitled.

These instances then become subject to dueling legal arguments as to fault which are best addressed by retaining legal counsel familiar with CA law and who is able to review the police accident report or obtain other evidence such as witness statements that can support an allegation of negligence and provide a means for collection of damages for medical costs, lost wages and emotional distress.

So, that's how we look at it both from the driver's standpoint, from the company standpoint directly, and then the driver's negligence for which the company can be found responsible as well.

If you are successful in proving negligence then you would become entitled to compensation for both your pain and suffering caused by the injuries and your ruined holiday, and also your «out of pocket» expenses which in these types of cases might include the cost of medical treatment in addition to the usual types of expenses such as the cost of travel, medication or possibly loss of earnings.

Fully taking advantage of the Jones Act means a victim must establish themselves as a seaman, prove negligence was the cause of injury, and establish liability to determine which party will be responsible for providing compensation.

Therefore, depending on the extent to which a jury believes a claimant's injuries could have been prevented by wearing a seat belt, they can determine the contributory negligence to be as high as 25 per cent.

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

Sometimes, these vehicles can be overweight or be in violation of some other requirement, which can serve as evidence of negligence in a truck accident case.

«[I] t is his duty under s. 110, to furnish the officer with such information concerning the accident as the officer may require, and the information which he gives in fulfilment of this duty can be used against him if he is tried for criminal negligence.

Family law is a unique species of civil law for many reasons, but primarily because of: the frequency with which disputes brought to court concern social, psychological and emotional issues rather than legal; the almost complete absence of circumstances in which a specific legal conclusion invariably and inevitably results from a particular set of facts; and, the range of other areas of the law that may be concurrently applicable, such as contracts, tax, conflicts, real property, negligence, torts and trusts.

In 1999, an article in the legal press referred to the new professional negligence pre-action protocol, which had been drafted that year, as «favourable to defendants and their insurers».

or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability, which will be similar to DRT (Debt Recovery Tribunal of INDIA)(B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector due to Negligence, Violation of Contract & Non-Banking Activities etc. of Bank Officials and Policy Maker & need 100 % Weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent under LIMITATION ACT (C)- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels (D)-- All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court abolishing SECTIONS 12, 12 (khan) 18 (2) & (3) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 for the end of Justice.

Motor vehicle collisions with other vehicles, stationary objects such as trees, or with pedestrians, are almost always caused by driver error, which is by definition negligence.

Crowden argued that this clause was inconsistent with the aim of a professional indemnity policy, which is to provide cover for losses caused by the IFA's negligence, and as an exclusion clause it should be construed narrowly.

As a general rule, you must start your clinical negligence claim within 3 years of the date upon which you suffered the harm.

Texas law recognizes comparative fault or comparative negligence, which the statute defines as «proportionate responsibility.»

Anyone who has been injured as a result of the negligence of another also entitled to non-economic damages, which typically constitute more subjective complaints of pain, suffering, and inconvenience.

As for those who have committed suicide, the biggest burden to their lawsuits, which will likely be based on negligence claims, will be proving causation.

California defines «negligence» as actions or inactions which show a, «want of ordinary care or skill in the management of his or her property or person.»

In this recent appellate decision, a participant in a Sudbury youth soccer program who suffered a personal injury as the result of an accident in which a metal goal post flipped over onto him during a team practice can not sue for any alleged negligence arising from the improper placement of the posts.

Where damages have been caused or contributed to by the fault or neglect of two or more persons, the court shall determine the degree in which each of such persons is at fault or negligent, and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering loss or damage for such fault or negligence, but as between themselves, in the absence of any contract express or implied, each is liable to make contribution and indemnify each other in the degree in which they are respectively found to be at fault or negligent.

«Further, there are question marks over the refurbishment of the block which may also create claims in negligence against the contractors as well as claims for contribution to compensation payments.

Resolve complex legal issues such as negligence and proximate cause which are part of every personal injury case.

There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, exploitation, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation.