Sentences with phrase «breach of duty caused»

To prove a legal malpractice case, we must prove (1) that the lawyer breached the standard of care, (2) that this breach of duty caused harm to the client and (3) that the client has damages because of the malpractice.

Employers will be liable if the employee can prove negligence by establishing that the employer breached the duty of care owed to the employee and this breach of duty caused the employee to suffer recoverable loss.

Causation: You must prove that the defendant's breach of duty caused your injuries.

In order to prove negligence, you're required to show: • A duty • A breach of that duty • That the breach of duty caused the accident and injuries • Damages

However, the law lords held that Mr Corr's illness was a direct result of his employer's negligence — the employer owed Mr Corr a duty of care, and the breach of that duty caused him injury, both physical and psychological.

Your claim will not be successful unless it can be shown that the at - fault party (or parties) owed you a duty of care, breached that duty of care and this breach of duty caused your injury or loss.

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

Not exact matches

By causing Retrophin to enter into these Settlement Agreements for his own benefit and for the benefit of MSMB without disclosing the agreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to the Company.

By causing Retrophin to recharacterize MSMB Healthcare's subscription as a loan, repay such loan with interest, and pay Shkreli a cash advance — all for his own benefit and for the benefit of MSMB Capital — Shkreli engaged in self - dealing and breached his duty of loyalty to Retrophin.

By causing Retrophin to enter into the Marshall Settlement Agreement, Shkreli breached his duty of loyalty to the Company.

By causing Retrophin to violate the lock - up associated with the Convertible Note Offering, Shkreli breached his duty of loyalty to Retrophin.

By causing Retrophin to enter into the Yaffe Consulting Agreement, Shkreli engaged in self - dealing and breached his duty of loyalty to Retrophin.

Islam holds that if a man trespasses on a woman's rights by divorcing her without cause he is abusing his power and is therefore liable to be held responsible for committing a breach of duty.

In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter - common law negligence involving the breach of a duty to ensure there was no escape of GM material, and the tort of private nuisance - they claimed only financial loss.

If they have a strong case that he had duty of care in regards to her, he breached that duty of care, and her injury is a direct and proximate cause, why not?

Finally, the injured person must establish that your breach of duty (see above) is the direct and proximate cause of the injury in question.

In relation to damage / loss caused by ordinary negligence, Koch Media shall only be liable insofar as the matter relates to a breach of material contractual duties.

A letter from FoE addressed to Shell's CEO Van Beurden, argues that «Shell, through its corporate activities and corporate strategy, is breaching its legal duty of care by causing climate damage across the globe and undermining the ambitions of the Paris agreement.»

Evidence connecting the breach of duty to the injury suffered may permit the judge, depending on the circumstances, to infer that the defendant's negligence probably caused the loss.

In Orchard v Lee [2009] EWCA Civ 295, [2009] All ER (D) 39 (Apr) the court considered whether a child had breached a duty of care by running into a school lunchtime assistant supervisor, causing her serious injury.

Given: (1) the misery and damage caused to the majority of the population by the problem; and, (2) the law societies» refusal to try to solve the problem, the commercial producers have a strong argument that they should be treated as equal to the ABSs in providing relief from the consequences of the law societies» breach of trust, i.e., their failure to perform the duties attendant to their monopoly over the provision of legal services.

An injured Maine motorcyclist must be able to submit admissible evidence that more likely than not a defendant's breach of duty (such as a right - of - way violation) was the cause of his injuries.

A person is negligent when he or she has a duty of care, breaches this duty of care, and the breach causes injury or property damage to another.

As a team, our medical malpractice lawyers, researchers, experts and you will need to prove that duty of care existed, was breached, and caused your provable injuries and suffering.

In order to establish medical malpractice, the injured patient must demonstrate the following: i) the ophthalmologist owed a duty of care to the patient; ii) the ophthalmologist breached the duty of care owed to the patient by providing negligent or substandard care; and iii) the ophthalmologist's breach was a direct cause of the patient's injury.

For an injury claimant to succeed under the Occupiers Liability Act, she must prove on the balance of probabilities that the landlady was an occupier of the premises where and when the accident occurred, that the landlady breached a duty of care owed to the claimant that the landlady's breach caused the claimant's injury, and that the plaintiff suffered a loss.

It is not enough to show that a medical professional breached the duty of care; a plaintiff must also show that the breach was a direct and proximate cause of his or her injury.

In order to prove negligence on the part of a defendant, a plaintiff must show: (1) the defendant owed the victim a duty to exercise a certain level of care, (2) breach of that duty, (3) proximate cause, and (4) actual damages.

You may be able to file a lawsuit against the owner of the road, such as a municipality, on the basis of negligence if you can show (1) it owed you a duty of reasonable care, (2) it breached that duty, (3) the breach was the proximate cause of the accident, and (4) damages resulted.

When a driver breaches their duty of care, they can be held responsible for the damage they cause.

In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a result.

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

You must not just show that you have suffered damage, but also that the damage was caused by the breach of duty on the part of the Defendant («causation»).

Improper braking technique that rises to the level of negligence happens when a driver breaches his duty to operate the tractor - trailer with the reasonable care expected of a skilled commercial truck operator and causes an accident that leads to harm to another person.

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-.

For a finding of liability against Mr. Evoy it was necessary to find both a breach of the duty owed to Mr. Vandendorpel and that the breach was a cause of the injury.

At trial, the victim will have to provide witness testimony, videos, photos, janitorial logs, etc. to prove the hotel breached its duty of care and that the hotel's negligence caused the victim's injuries.

Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

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.

Claims for breach of Article 2 and 3 investigative duties, malicious prosecution and other causes of action, including cases involving unlawful searches and seizures, the use of batons and the unlawful disclosure of private information;

Under this law, a hotel owner and / or operator can be responsible to pay for a victim's damages, including medical expenses, lost wages, pain and suffering, and other economic and non-economic damages, if the hotel or one of its employees was negligent and that negligence caused the victim to get hurt (stated another way, the hotel breached its duty of care to keep its guests safe and as a result of this breach a guest was hurt).

If they have failed to perform their responsibilities to the required standard you may be able to recover damages for any losses you have suffered if you can demonstrate that the professional breached the duty of care and the breach caused loss to you.

This alleged breach of the duty to consult is not related to competition and is not caused by the consent agreement, the Tribunal held.

Generally, negligence cases involve examining the duty owed to the victim, whether there was a breach of that duty, and if the behavior was the actual or proximate cause of the damages.

A negligence claim has four elements: (1) a duty of care; (2) a breach of that duty; (3) an injury that was proximately caused by the breach; and (4) actual damages resulting from that injury.

Under the concept of negligence, the owner may be in breach if he or she breached the duty of care and failed to prevent an attack by an animal likely to cause harm.

Lawyers explained that this threat to the very livelihood of the members of the Coldwater Band caused the duty to consult to be breached, and constituted a breach of the Crown's fiduciary obligation the Band in relation to the band's established reserve interest.

Proving negligence is a challenge: The person who has been injured must show that the at - fault party breached a duty of care and that the breach was the foreseeable cause.

The plaintiffs argued the RCMP owed a duty of care to other users of the roadway, breached that duty of care, caused the collision and were at least partly liable for the damages suffered.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.