The defendant was also found in
breach of its duty following the claimant's return to work.
Not exact matches
New guidelines were released by Morgan
following the High Court ruling that found there had been a «
breach of duty» in omitting humanism from the new religious studies GCSE.
Zenna Atkins, chair
of Ofsted from 2006 to 2010, has been ordered to pay damages to her former employer, Wey Education, after
breaching her
duty of loyalty
following a power struggle over an academy trust she helped found.
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.
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.
Johnston is also advising a construction company in a claim against a solicitor relating to negligent advice regarding a Part 36 offer and cost consequences given to the client
following litigation, and Hall is handling a claim against solicitors for negligence and a
breach of fiduciary
duty relating to a property transaction.
The
following behaviors may be considered a
breach of the
duty of a common carrier driver:
He has successfully tried cases to verdict in the
following area: Attempted Murder; Terrorist Threats; Residential Burglary, Assault with A Deadly Weapon; Domestic Violence; Assault; Larceny; Driving Under the Influence;
Breach of Contract; Wrongful Termination; Fraud; Professional Negligence;
Breach of Fiduciary
Duty and Personal Injury.
A # 2 - million claim against insurers for
breach of their FSA
duties of care
following a fire to a listed building.
«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?
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).
All drivers owe other drivers a
duty to drive safely and to
follow the rules; driving while impaired is a
breach of that
duty.
As well, many companies are not aware
of gaps in «traditional» insurance products that more specialty liability insurance products (i.e. media and Internet liability, cyber liability) are intended to catch, including
breach of fiduciary
duty to protect privacy
of client information, content exposure (defamation, intellectual property), damages caused by virus, third party financial losses due to system downtime, costs associated with data
breach notification
following a cyber attack / hack, etc..
The Supreme Court
of Canada addressed the balance between deference and holding directors accountable for
breaching their
duty of care as
follows:
Negligent drivers
breach that
duty when they
follow too closely, cut in front
of other cars, or fail to brake in time to avoid a crash.
To succeed in a New Mexico truck accident case, a plaintiff must prove the
following: the defendant owed a
duty to the plaintiff, the defendant
breached that
duty, and the
breach was a proximate cause and cause in fact
of the plaintiff's damages.
Former cases include acting for an international law firm in defence
of proceedings by a partner excluded for
breach of duty and acting for partners in a prominent Hong Kong firm on claims for misrepresentation and
breach of a partnership agreement
following a failed merger.
Prudential Staff Pensions Ltd v Prudential Assurance Co Ltd [2011] PLR 239 — Proceedings for directions on a large number
of issues (including issues
of estoppel and potential
breach of the employer's
duty of good faith)
following a change by Prudential in its long - established policy
of granting discretionary RPI linked increases to pensions in payment;
William acted in a dispute concerning the merger
of a series
of accountancy partnerships and partnerships between IFAs,
following breaches of fiduciary
duties in the breakdown
of those joint ventures;
(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort
of state - law tort to second - guess the defendant
following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain
of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious»
breach of fiduciary
duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.
Claims which are not required to be reported include the
following: product liability claims, antitrust allegations, allegations involving improper peer review activities, civil rights violations or allegations
of liability for injuries occuring on a licensee's property, but not involving a
breach of duty.
• Demonstrated expertise in securing premises and performing patrolling
duties, aimed at ensuring community and premises safety • Track record
of monitoring surveillance equipment and
following up on nefarious or suspicious activities • Focused on preventing losses and damages by «keeping an eye open» at all times and recording and
following up on abnormal occurrences • Proficient in coordinating information security compliance activities and implementing security policies and procedures • Documented success in performing information security risk analysis aimed at deriving data for security processes • Demonstrated good judgement and problem - solving skills to deal with security issues
of variable natures within standardized situations • Adept at physically controlling violent or unruly individuals along with the ability to subdue individuals after running in pursuit • Skilled in coordinating and implementing disaster recovery programs and managing security incident responses • Familiar with conducting armed stationary, foot and vehicle patrols, targeted at deterring criminal activity, misconduct and
breach of community rules • Knowledge
of initiating and monitoring informal investigations
of security infractions and violations
Following the conveyance
of the land to the successful bidder, the Owner sued the Auction Company for misrepresentation and
breach of its fiduciary
duty to him.