Sentences with phrase «breach of duty»

Some cases are clear in the evidence of breach of duty of care; others may be more difficult to determine what led to the injury of the new baby.

They sued the seller for breach of duty of disclosure.

Interestingly, the judge found the defendant in breach of duty by failing to perform an adequate risk assessment or implement its own policy.

The seller sued the agent alleging breach of duty, unjust enrichment, and fraudulent representation, and demanded $ 75,000 in damages.

When a driver's breach of this duty causes injuries to others, the victims can sue that driver for negligence.

General negligence involves the general breach of duty owed to another resulting in injury.

We offer liability coverage for businesses and organizations including their directors and officers and committee members for damages arising from negligent acts, errors, omissions, or breaches of duty committed by them.

Can a litigator's failure to use courtroom technology amount to negligent breach of duty when the case fails?

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.

This distraction is a clear breach of the duty drivers owe to others on the road.

After obtaining overwhelming medical evidence, the company conceded breach of duty and settled the claims.

The defendant was also found in breach of its duty following the claimant's return to work.

If the caretaker's breach of that duty leads to your child's injury, you may pursue compensation for whatever damages that result.

Once breach of duty has been established, you must prove that the defendant's actions led to the death of the deceased person.

Certainly she could show breach of duty of care.

The alleged wrongdoing includes breach of fiduciary duty, interference with contractual relations, breach of duty of loyalty, and commission of computer crimes and civil conspiracy, according to the suit.

They will pinpoint the alleged breach of duty and provide trustworthy, knowledgeable testimony to indicate how, why and where the negligence occurred, if it did.

You must show that it is more likely than not that the healthcare professional's breach of duty caused your injury.

Thus the claim turned on whether the appellant could prove that the respondent employer had been in breach of duty in respect of the storage of the tool.

Allowing lawyers and future judges to be taught in a university that is most well known for discrimination that would not be permitted in any public institution is a clear breach of that duty.

She is co-author of the chapter on breach of duty in Kennedy and Grubb's Principles of Medical Law, and gives regular talks on current developments in the law.

Conversely, licensees must also act honesty, e.g. by accurately reporting royalties owed to the licensor, otherwise they could be found in breach of the duty as well as breach of their royalty reporting obligations under the license.

The other message that burns brightly throughout HHJ Hodge QC's judgment is that establishing breach of duty is only one hurdle professional negligence litigators have to overcome: failure to prove causation means nominal damages; nominal damages means adverse costs; adverse costs means more pain for the client; and there is no need for a crystal ball to anticipate that inevitable conclusion.

Together, the partners in the firm have obtained well in excess of $ 1 billion in recoveries for clients — be they businesses, shareholders, consumers, workers, tort victims or companies in bankruptcy who had claims for breach of duty against former officers and directors.

Re S (A Child acting by the Official Solicitor) v Rochdale Metropolitan Borough Council & Independent Reviewing Officer [2008] EWHC 3283 (Fam)[2009] 1 FLR 1090: Care proceedings — Local authority — Failure to issue proceedings — Whether breach of duty to child as looked - after child — When care proceedings should be issued.

This case raised the important point of whether a company is obliged to indemnify its directors against liability to the company for breach of duty which caused loss to the company.

The House of Lords was unable to find breach of the duty of trust and confidence.

Those authorities make clear that breach of duty doesn't even require bad faith; rather it requires only a departure — however slight — from requisite selfless fidelity.

Cullen Investments Ltd v Brown [2017] EWHC 2793 (Ch) Application under section 1157 of the Companies Act 2006 for relief from liability for breach of duty arising from a director's failure to obtain authorisation for a conflict of interests

In my experience of clinical negligence case work I have found over 20 years that the same complaints and breaches of duty occur in all areas whether an acute ward environment, a nursing care home or in the community.

It was argued in Unison 1 that in deciding to make the Fees Order the Lord Chancellor acted in breach of the duty imposed by section 149 of the Equality Act 2010.

The District Court of Delaware concluded that these adverse - litigation and breach of duty exceptions applied in the joint representation context.

Giving the main judgment, in Reilly v Sandwell Metropolitan BC [2018] UKSC 16, Lord Wilson said the decision to dismiss her was reasonable, «for her refusal to accept that she had been in breach of duty suggested a continuing lack of insight which, as it was reasonable to conclude, rendered it inappropriate for her to continue to run the school».

An employer's failure to prevent the harassment of an employee by co-employees is an obvious breach of this duty, and has been held to be capable of amounting to constructive dismissal.

Although «disclosure» of risks may be statutorily satisfied, conduct inconsistent with fiduciary duties is not exempted and presumptions of breach of duty still exist in a dual agency situation (brokers are still dual agents).

The Court proceeded to hold that the Council's various breaches of duty required that the scores awarded to EAS be reduced by a total of 40 marks, and that the marks awarded to Woods» tender must be increased by 6 marks.

The first chapter reminds the reader of what a company director's duties are, and although company law books traditionally cover this topic, it is helpful to start in this way because discussion moves on to personal claims and the relevance of a director's breach of duty more generally in other claims for relief.

It seems to me strongly arguable that in the circumstances of a case such as this, where the employer discovers that the employee has been in serious breach of duty and in breach of good faith, and then discovers that the employee is tied effectively to a rival already... then the employer has, even if he keeps the contract alive, no obligation to provide work; that obligation to provide work being interdependent with the obligation of the employee to act loyally.»

According to the text of the complaint, defendants» first breach of duty «was to fail to select a suitable, single service provider to provide administrative and recordkeeping services to the plans in exchange for a reasonable amount of compensation.»

If yes; (ii) is it a material breach of duty?