Sentences with phrase «breach of duty which»

The problem would be showing that all members of the class were causally injured by the same alleged breach of duty which is pretty much impossible.

Claimants who had suffered sexual abuse but need to seek the discretion of the court under s 33 were driven to alleging that the abuse was the result of, or accompanied by, some other breach of duty which could be brought within the language of s 11.

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.

Not exact matches

This comes on the heels of Gov. Andrew Cuomo's State of the State address, in which he pledged to sue pharmaceutical companies that breached «their legal duties to monitor, detect and report suspicious orders of prescription opioids.»

c) Liability for breach of statutory duty; except clause 11.10 above which shall apply once only in respect of all the said types of Liability.

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.

The class - action lawsuit, Wildman et al v. American Century Services, LLC et al, alleges breach of fiduciary duty under the Employee Retirement Income security Act of 1974 for excessive investment management and record - keeping fees, imprudent fund selection and for self - dealing by American Century, which plaintiffs contend filled the retirement plan with proprietary investment options for its own benefit.

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.

Instead of thanking, lauding, or just plain paying Jason and Vince for giving Activision the most successful entertainment product ever offered to the public, last month Activision hired lawyers to conduct a pretextual «investigation» into unstated and unsubstantiated charges of «insubordination» and «breach of fiduciary duty,» which then became the grounds for their termination on Monday, March 1st.»

(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).)

Following a settlement agreement with the US Department of Justice in 2010, and a fine of $ 400 million, a settlement was then reached with the SFO: BAE Systems pleaded guilty to one charge of breach of duty to keep accounting records and paid a # 30m penalty, some of which was distributed as a charitable payment for the benefit of Tanzania.

[83] There was, in any event, no breach of fiduciary duty by either sister in negotiating the agreement with Hottie Body Boutique, which was fully disclosed to the shareholders of Flirty Girl Fitness and beneficial to the corporation.

The Judge found that the defendant surgeon «chose to provide a liposuction procedure which had been neither requested nor required» and acted in breach of her legal duty to the claimant patient.

Todd authored an article published in the February 2006 edition of Risk Management Magazine, titled «The Liability of the Insurance Broker for Breach of Duty to Advise», a topic on which he has lectured.

Mr Gower was also awarded two weeks» pay under s. 38 of the Employment Act 2002 which states that compensation can be awarded if an employer is in breach of its duty to provide written employment particulars or, as here, particulars of change.

His duty can be so explained, for a doctor can be sued for breach of an express or implied term of contract, which binds him to use due care.

Both H and W relied on Livesey (formerly Jenkins) v Jenkins [1985] AC 424, [1985] 1 All ER 106 which is the leading authority on the existence of the duty of full and frank disclosure and the consequences of its breach when a consent order has been approved.

The breach of fiduciary duty claim, which relies on New York State law, alleges that the Mortmans stripped IQT, Ltd. of assets and prevented IQT, Ltd. from paying employees their termination entitlements.

He found that such conduct constituted breaches of the fiduciary and common law duties of care which the sisters owed to the company, which had been engaged in property development.

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».

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-.

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.

We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.

The 2013 lawsuit alleged that Citigroup's directors breached their duty of loyalty in two ways: (1) by permitting Citibank to engage in unlawful foreclosure and mortgage servicing practices through the implementation of inadequate internal controls; and (2) by failing to issue a supplemental proxy describing the terms of a consent order with the Office of the Comptroller of the Currency to resolve investigations into Citibank's mortgage servicing operations, into which Citibank entered after Citigroup had issued its 2011 proxy materials, but before its 2011 shareholders» meeting.

The litigation firm, which was brought in by the chain's administrators PricewaterhouseCooper (PWC) earlier in the month, is set to begin looking into the conduct of the Phones4u directors who could be the subject of legal action if found to have been in breach of their duties.

The evidentiary details are the means by which Mr. Skurka intends to prove his defence that he was not negligent or in breach of fiduciary duty and his allegation that Mr. Jacobson suffered no damages because he is not an innocent man.

«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 Invercargill City Council has successfully appealed a High Court decision which found that it breached a duty of care owed to a co...

Breaching or violating the duty of care can lead to catastrophic injuries of passengers, pedestrians, and / or other drivers, which may include:

There are common ways in which a train company can breach its duty of care.

Failing to develop an EAP — or having an inadequate one — might constitute a breach of the school's duty, which could expose the school to a lawsuit.

Tort Claim In general terms, a tort is a civil wrong, involving a breach of duty or a negligent act by one person which results in injury or loss to another, and gives the injured party the right to bring a legal action for damages.

Miller goes on to add some other activities which, in his view, constitute criminal contempt: obstructing persons officially connected with the court or its process, interference with persons under the special protective jurisdiction of the court, breach of duty by persons officially connected with the court or its process, forging, altering or abusing the process of the court, divulging the confidences of the jury room, preventing access by the public to courts of law, service of process in the precinct of the court, and disclosing the identity of witnesses.

You need to establish that there was a duty of reasonable care to be extended to others such as other motorists which was violated or breached by the defendant.

«There appears to be a stark contrast between the implications of breach of duty for MPs as compared to private sector company directors, despite the fact that both have overriding duties which transcend the «spirit and letter» of any particular rules,» he says.

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».

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.»

(a) malfunction of mechanical equipment and recreational apparatus under the control of or maintained by the operator, including vehicles, other than that resulting from misuse by a user; (b) unsafe operation of mechanical equipment or recreational apparatus, including vehicles, by the operator or its employees; (c) unsafe aspects of the structure and condition of an indoor recreational facility that directly affect the safety of users when actually engaged in a recreational activity for which the recreational facility is designed or intended; (d) failure by the operator of an outdoor recreational facility to maintain commonly accepted conditions or standards of demarcation, signage, lighting, and monitoring of user activity, for outdoor recreational facilities of comparable size and type; (e) unfitness for normal use, at the time of supply or rental, of equipment or apparatus supplied or rented for use in connection with a recreational activity; (f) conduct of the operator's employees, acting in the course of their employment, that results in personal injury to or death of a user from the sources of risk referred to in paragraphs (a) to (e); (g) breach by the operator, or by an employee of the operator, of a specific statutory duty or regulatory requirement relating to safety in a particular recreational activity.

Now, a corporation is liable «if the way in which its activities are managed or organized by its senior management is a substantial element in the breach» of the duty of care.

«There is of course a limited period of time in which claims can be made for breach of contract or breach of duty, and the question of limitation is an interesting one for the lender market to consider.

«Neglect» refers to the legal concept of negligence, in which a party breaches a legal duty of care and causes an accident.

It found that Lambeth had adopted suspension as a default position and it was largely a knee - jerk reaction, which was sufficient to breach the implied duty of trust and confidence.

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.

Acting for a defendant to a claim for breach of fiduciary duty and receipt of secret profits brought by a large multinational company in which corresponding proceedings were issued in Latvia, Jersey and the BVI, including representing him in committal proceedings for alleged breach of a freezing order, including in cross-appeals to the Court of Appeal.

Mr. Walsh alleged that by miscalculating the floor area of the property by 20 % and publishing the incorrect calculation within its sales brochure, JLL acted in breach of a duty of care which it owed to him.

El - Aref International Law Office successfully defended a corporation and its affiliates in a successful defense of a fraudulent conveyance and breach of fiduciary duty lawsuit brought by unpaid creditors, in which the plaintiff had sought to recover more than 6 million USD

The claimant brought a personal injury claim alleging that his employer had breached its duty of care towards him and / or had breached his employment contract which had caused his illness (depression) in its handling of a claim of sexual harassment against him.

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.

Charities Act 2006 (Commencement No 4, Transitional Provisions and Savings) Order 2008 (SI 2008/945) Brought into force, intralia, the fol lowing provisions of the Charities Act 2006 on 1 April 2008: s 1 (meaning of charity); s 2 (meaning of «charitable purpose»); s 3 («public benefit» test); s 4 (6)(guidance as to the operation of the public benefit requirement); s 5 (1)(special provisions about recreational charities, sports clubs etc); s 5 (2)(special provisions about recreational charities, sports clubs etc); s 29 (1)(duty of auditor etc. of charity which is not a company to report matters to the Commission); s 30 (Group Accounts); s 33 (duty of auditor etc of charitable company to report matters to the Commission); and s 38 (power of Commission to relieve trustees, auditors etc from liability for breach of trust or duty.