Had that been established, the claimants would have had a claim for
breach of statutory duty under section 48A Water Resources Act 1991.
Having thus held that there was no judicial remedy available to the claimant for a monetary award, Judge Simmonds QC went on to find that HMRC had been in
breach of its statutory duty under ICTA 1988, and that its officer / s had been negligent — adding insult to the injury that Martin and his company had already sustained.
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,
One group further alleges
breaches of statutory duty under the Data Protection Act 1998.
Not exact matches
The limitations and exclusions
of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising
under the disclaimer or in relation to the subject matter
of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for
breach of statutory duty.
The limitations and exclusions
of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising
under the disclaimer or in relation to the subject matter
of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for
breach of statutory duty.
The High Court held, applying Wyatt v Hillingdon London Borough Council (1978) 76 LGR 727, that a council's failure to comply with its
statutory duty to provide domiciliary care services
under s 2
of the Chronically Sick and Disabled Persons Act 1970 can not amount to
breach of a common law
duty of care.
«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.»
(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.
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.
We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to
breach of fiduciary
duties, non-disclosure agreements, non-compete agreements, and licenses, as well as
statutory causes
of action
under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.
The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate
under the statute that allows victims
of a felony to bring a civil action; that Maggio
breached a fiduciary
duty to the plaintiffs by engaging in conduct that violated certain judicial and
statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.
He applied to challenge the order on two grounds: (i) that the effect
of the order was to deprive him
of his liberty, in
breach of Art 5
of the European Convention on Human Rights (the Convention); and (ii), that the secretary
of state had
breached his
statutory duty under PTA 2005, s 8 (1) in relation to consideration
of criminal prosecution.
Under the general principles
of common law, if you hire an appraiser, and there is no contractual or
statutory waiver
of a right to sue, you would have to show that (1) there is the standard
of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use
of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that
breached the standard
of professional conduct applicable to appraisers, (3) this
breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this
breach of duty.
The limitations and exclusions
of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising
under the disclaimer or in relation to the subject matter
of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for
breach of statutory duty.
2d 651)-- remedies provision
of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or
statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a
duty to inquire on the part
of the buyer and relieves the seller
of any potential liability for defects that arise in regard to the part
of the premises covered by the question; any information disclosed during the sale
of the property merges into the contract and does not exist on its own basis
of a common law cause
of action; buyer's action based on
breach of the disclosure statement is dismissed on the grounds that no such cause
of action is created by RPL Article 14; buyer's relief exists
under common law contract theories and buyers have not proven their prima faciecase
under those theories