Sentences with phrase «been a gross breach»

«The prosecution says what the defendant did was a gross breach of trust.

On a personal note, I think that using excess funds to apply to other projects would be a gross breach of trust with backers unless that plan was clearly stated at the project's beginning.

Further, it is for the court to decide if there has been a gross breach of duty on its objective assessment of the facts and technical and professional advice.

To secure payment in the instant case case by tampering with a cheque previously signed by or on behalf of the trustees was a gross breach of professional conduct.

Not exact matches

Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed on September 19, 2006, and Gross v. Babbio, et al., filed on November 21, 2006, were filed in Chancery Court, County of New Castle, Delaware; both seek to recover damages for alleged breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged breaches of fiduciary duty.

While the Sponsor believes it has developed a proprietary Security System reasonably designed to safeguard, to the extent possible, the Trust's Bitcoins from theft, loss, destruction or other issues relating to hackers and technological attack, the Security System is not impenetrable and may not be free from defect, and any loss due to a security breach or software defect will be borne by the Trust, absent gross negligence, willful misconduct or fraud on the part of the Sponsor, the Trustee or their agents.

The petition was filed on August 18 at the Presidency and is demanding that a process to remove the EC boss should be commenced over alleged breaches of public procurement practices and provisions of the Public Procurement Act 2003 (Act 663), as well as gross financial mismanagement.

Absenting oneself from the scheduled program without prior permission of the teacher or manager concerned would be construed as a gross breach of discipline.

That deduction, in any given year, is capped at 30 % of your adjusted gross income, a threshold most folks would never come close to breaching.

For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchange.

@Ernestine Gross To prove that the divestment campaign was a breach of section 45D of the Competition Consumer Act the coal industry would have to prove that the campaign has caused a substantial loss or damage and they would have to be able to separate the effects of the campaign from other factors.

On learning of the conviction and friendship, the local authority held a disciplinary hearing where it was decided that Reilly had committed a serious breach of an implied term of her contract of employment amounting to gross misconduct.

To be guilty of the common law offence of gross negligence manslaughter, a company had to be in gross breach of a duty of care owed to the victim.

In order to establish an Art 2 breach (right to life), the standard of organisational negligence does not have to be gross negligence: knowledge of a real and immediate risk to life, which judged reasonably, might have been expected to be avoided by taking measures within the scope of the trust, is sufficient.

The duty of care owed in negligence is breached if the death is caused by the way in which activities are managed and organised or amount to a gross breach of a relevant duty of care (s 1 (1)-RRB-.

Ms Reilly was suspended and later summoned to a disciplinary meeting to answer an allegation that, in having failed to disclose her relationship with a man convicted of sexual offences towards children, she had committed a serious breach of an implied term in her contract of employment, which amounted to gross misconduct.

The law creates a tort by which an organization can be held liable for a death «if the way in which its activities are managed or organized» is a «gross breach of a relevant duty of care owed by the organization to the deceased.»

... plaintiff's common - law breach of fiduciary duty and gross negligence claims must be dismissed because they are preempted by the Martin Act.

Gross negligence is further defined as a violation or breach of the standard of care, determined by practices accepted in a geographical area by other healthcare facilities or professionals.

Under the CMCHA, a corporate offence is committed if the way an organisation manages or organises its activities (i) causes a death; and (ii) amounts to a gross breach of a relevant duty of care owed by the company to the deceased.

The Corporate Manslaughter and Corporate Homicide Act 2007 Instead of requiring a grossly negligent «act or omission» on the part of the «controlling mind» of a company (as previously), the Corporate Manslaughter and Corporate Homicide Act 2007 — enacted on 24 July 2007 — seeks to create liability for a company, government departments or police forces if (and only if)(cl 1 (3)-RRB- «the way in which its activities are managed or organised by its senior management is a substantial element» in the «gross breach of a relevant duty of care» — punishable by a fine.

In a consultation published this week, «Manslaughter Guideline Consultation», the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission.

(A successful appeal by Marc Beaumont for a Barrister against 5 findings of professional misconduct; signing a statement of truth and serving a pleading are not «the conduct of litigation;» meaning of, «discreditable to a Barrister;» trial panel gave no oral or written reasons for decision, nor did it allow any closing speech by the defence; gross breaches of natural justice; Chair of trial panel only honorary QC; not authorised to sit)

Where there is evidence that an employee may have committed a serious breach of his or her employment contract or may be guilty of gross misconduct, it may be possible for the company to terminate that person's employment with immediate effect.

Similarly a corporate can be guilty of corporate manslaughter if the management or organisation of its activities causes a person's death, and amounts to a gross breach of a duty of care owed by the organisation to the deceased.

Plaintiffs are asking the court to find gross negligence and breach of contract over FPL's monthly «storm surcharge.»

This in turn may mean that in lower value claims some litigants will find practitioners unwilling to invest the required time and money to establish liability, unless the breach of duty is patently gross.

A consultant surgeon dismissed for gross professional and personal misconduct can not bring a # 3.8 m claim against an NHS trust for breach of contract regarding the disciplinary hearing, the Supreme Court has ruled.

(14) Imposing, and authorising a Protector to inflict summary punishment by way of imprisonment, not exceeding fourteen days, upon aboriginals or half - castes, living upon a reserve or within the District under his charge, who, in the judgment of the Protector, are guilty of any crime, serious misconduct, neglect of duty, gross insubordination, or wilful breach of the Regulations;

Their jobs might therefore be terminated, as in Frustration they tried to Breach from the muddy depths, arms full of the Real Property Statues that they scooped up from the bottom of the moat, to be sold as souvenirs in order to supplement their Gross Incomes rendered as such by the onerous Real Property Taxation levied upon them by Fee Simple taxation simpletons hired by the government in answer to Invitations To Treat misrepresentative advertisements for help.

ReferralExchange.com shall, within a reasonable period of time following receipt of the applicable Commission, promptly pay to Referring Agent an amount equal to a maximum of twenty - five percent (25 %) of the gross referred side commission calculated on a minimum of two percent (2 %) gross sale price prior to any allocation of a payment to another party (including but not limited to any split between Agent and Agent's broker and any referral fee payments to other third parties), or up to a maximum of seventy - one and four - tenths of one percent (71.4 %) of the amount actually received and recognized by ReferralExchange.com, after each of the following have occurred: (a) the Customer referred by Referring Agent becomes part of ReferralExchange.com's referral network, (b) such Qualified Customer completes a Qualified Transaction, and (c) such Qualified Transaction results in a Commission paid to ReferralExchange.com; provided, however, that ReferralExchange.com shall not be required to make any payment to Referring Agent if Referring Agent is in breach of these Agent Terms at the time of such payment, or if such payment is prohibited by law, including but not limited to instances in which Referring Agent is not an actively licensed real estate sales agent or broker at the time payment is to be made.