Sentences with phrase «breach of duty does»

When the professional's duty is to procure that a transaction had a particular characteristic or feature, and in consequence of his breach of duty it does not, the cause of action accrues on entering the transaction.

Not exact matches

SNC - Lavalin even wrote in its March 26 report that employees with knowledge of ethical breaches do not have a «duty» to report them.

Failure to do so results in a breach of the duty of loyalty.

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

Failing to provide that duty of care would leave her in breach of the conditions of employment as laid out by the Football Medical Association, rendering her unable to do her job.

If parents give no information or adopt the course... of merely stating that they are discharging their duty without giving any details of how they are doing so, the LEA will have to consider and decide whether it «appears» to it that the parents are in breach of s 36 [now s 7 of the Education Act 1996].

Why did the home secretary breach her duty of candour with those being accused of fraud?

Generally, courts have found that the mere fact that a serious injury may occur to a student who is playing on play equipment or playing sport at school does not automatically result in a finding that the school has breached its duty of care.

Schools should have a policy in place to address issues with intervention orders and ensure that they do not inadvertently breach a duty of care owed to students, and, if there is no policy or plan, should consider implementing one.

If you don't believe that, do some research on «breach of fiduciary duty.»

Doing otherwise will be a criminal act on your behalf (embezzlement / breach of fiduciary duty).

They do not challenge either the decision to use passive investments or index funds, but say the fiduciary breaches relate to which underlying investments were used — a determination that fell squarely within the scope of the defendants» fiduciary duties.

(I'm going to bracket technical concerns about the implementation of the Recommendation, which really reduce to drafting matters — e.g., presumably the statement of principles will be drafted in such a way that it does not conflict with lawyers» duties to their clients (for example, presumably a criminal defence lawyer will not be put in a position where their representation of a client charged with or convicted of a hate crime is somehow a breach of the statement of principles).)

But, if the exact harm to the other party from impairing their absolute discretion or ignoring a strict reading of the contract and instead allowing an implied reasonableness term to color the meaning of the contract is material but is hard to quantify, and the consequences to the breaching party are crudely proportionate to that hard to quantify harm, then a waiver of the implied duty to be reasonable will usually be upheld as valid, as the consequences of not allowing reasonableness do not extend beyond the compensatory relief normally allowed in a contract.

It did, however, lose the opportunity to build goodwill by strategically allocating its product during a time of shortage.107 To the extent the stock sale premium reflected this diversion of a corporate opportunity, the selling stockholder was liable for a breach of fiduciary duty.108 A corporate recovery would not have benefitted the selling shareholder — i.e., «those from whom the recovery is had» — but would have benefitted the parties who had induced the very breach that occasioned the recovery.109 The court accordingly ordered direct relief to the minority shareholders.110

Although Saskatchewan Appeal Court Justice Justice Ralph Ottenbreit allowed McKercher to continue acting for Wallace, overturning a lower court ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way it did.

A health care professional can breach his duty of care through either an act or an omission — in other words, he can be sued for something he did or something he didn't do.

The Appeal Court upheld the High Court's decision that the BBC's cap on pensionable pay — pay increase of only up to 1 % being pensionable — was valid and did not breach the duty of good faith.

The High Court decided IBM's pension rearrangements were invalid and in breach of the duties of trust and confidence and the duty of good faith: IBM had led its employees to expect there would not be further pension changes and could not go back on this unless it could show it was «necessary» to do so.

The government could, without being in breach of any private or public law duty owed to the shareholders, have withdrawn its financial support; if it had done so, the company would have gone immediately into administration, and the shares would have had the value that would be attributed to them under the compensation scheme.

The determination of whether the agreements are unenforceable does not require a finding of breach of fiduciary duty within each lawyer and client relationship.

Their lordships agreed that Corr would not have acted in the way he did but for the injury he had sustained as a result of the defendants» breach of duty.

Lilly did not owe Apotex an equitable duty, nor is this case akin to the «exceptional» breach of contract cases where courts award restitution damages to a plaintiff in order to prevent a defendant from exploiting a bilateral agreement to its advantage.

On the civil side, lawyers for both plaintiff and defendant breach their duties to their client if they put the interest of justice, or some other person, ahead of their client interest without instructions from the client to do so.

While it might have been preferable had H recommended ILA to the plaintiff out of an abundance of caution, his failure to do so in these circumstances did not constitute a breach of fiduciary duty or negligence.

And, if so, did either of the respondents breach that duty?

«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.»

Did the board err in law and breach its duty of fairness in determining the circumstances in which the record would be made publicly available following an appeal when that issue was not before the board?

The absence of disclosure matters, but surely accepting a tender without being instructed to do so by your client is an even more obvious breach of the lawyer's duties.

Most employers» disciplinary procedures are not contractual, and therefore a failure to follow them does not, generally speaking, constitute a breach of contract (unless the employee can show that the failure was a breach of the implied duty of trust and confidence owed by the employer).

Did the Court of Appeal properly exercise its discretion in imposing a constructive trust to remedy the breaches of fiduciary duties?

«Ms. Scharfe's breach of duty is asserted as a bald fact,» writes Morgan, «with nothing further to indicate what she did to allegedly fail to fulfill her professional duties or to fall below the requisite standard of care.»

Both the claimants and Resolution — which intervened in the proceedings — seem to have conceded that CSA 1991 «does not give rise to a private law right to sue for breach of statutory duty».

On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligence.

Did any defendant breach his, her, or its duty of care with respect to the design and / or performance of the Defendants» invariable IPAC Practice?

For example, all motorists have the responsibility to pay attention to the road when operating an automobile, and a failure to do so constitutes a breach of that duty.

the Court does not have power, or alternatively should not (absent exceptional circumstances) exercise a case management power to «transform» a claim pleaded as a Part 7 claim for breach of statutory duty under the PCR 2015 into a claim for judicial review,

If an owner knew or should have known about a hazard and did not fix it or warn visitors, he or she has breached the duty of care.

When a surgeon deviates from standard surgical practice and performs an improper diagnosis, treatment or operation, one that his / her fellow surgeons would not do under the same situation, the duty of care has been breached.

The plaintiff, known only as James C. Doe in court records, alleges the Archdiocese and Cardinal Francis George «breached the duties of reasonable care» when they allowed Daniel McCormack to become a priest in the first place.

The Court of Appeal also held that the Bank did not owe a duty of full and frank disclosure at the hearing before the Commercial Court, and whilst it was under a duty not deliberately to mislead the Court, it had not breached that duty.

While the judge acknowledged that the plaintiff was under a heightened duty of care because he was in breach of the law by riding his bicycle on the sidewalk, she failed to give effect to the heightened duty because she did not consider what care had been taken by the plaintiff when he saw the defendant's vehicle moving towards the exit from the gas station.

Ms. Brake ought to have accepted the demotion to the position of First Assistant and that her failure to do so was in breach of her duty to mitigate;

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrDuty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrduty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrduty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

In particular, I think the LSBC has a problem because benchers «must not implement a resolution if to do so would constitute a breach of their statutory duties» (13 (4) of Legal Profession Act).

Appeal Allowing the appeal, Lord Justice Waller held (at [31]--[35]-RRB- that it was implicit in Johnson v Gore Wood [2003] EWCA Civ 1728, [2003] All ER (D) 58 (Dec) that the operation of the no refl ective loss principle depended on the company being able to pursue its claim to full recovery, and that the case did not address the situation where the wrongdoer by breach of duty had disabled the company from pursuing its cause of action.

Interestingly, the Law Society of British Columbia, which issued a fraud alert about the CryptoWall attack, did not require these law firms to advise clients of the attacks despite the duty of confidentiality if the encrypted data was not «necessarily breached» and client files had not been accessed.

● The council's proposals did not render them in breach of its general disability equality duties under s 49A of the Disability Discrimination Act 1995.

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.

If a driver does not exhibit reasonable care to prevent harm to others on the road, they will have breached the duty of reasonable care.