Sentences with phrase «breach of the duty of care»

Some cases are clear in the evidence of breach of duty of care; others may be more difficult to determine what led to the injury of the new baby.

Certainly she could show breach of duty of care.

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.

Similarly a corporate can be guilty of corporate manslaughter if the management or organisation of its activities causes a person's death, and amounts to a gross breach of a duty of care owed by the organisation to the deceased.

In Australia, for example, the decision of the Judicial Committee of the Privy Council («Privy Council») in Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (Wagon Mound)(No. 2)[1967] 1 AC 617 was a landmark ruling on the test for breach of duty of care in negligence.

In one case, the judges ordered a subsidiary - Shell Nigeria - to compensate a farmer for breach of duty of care by making it too easy for saboteurs to open an oil well head that leaked on to his land.

To be guilty of the common law offence of gross negligence manslaughter, a company had to be in gross breach of a duty of care owed to the victim.

The focus of this case was Mrs Miller's knowledge of both the horse and the rider, when considering whether or not she was in breach of her duty of care when she allowed Miss Harris to ride this horse.

In a consultation published this week, «Manslaughter Guideline Consultation», the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission.

In addition to a duty of reasonable care and the breach of that duty, the plaintiff will also need to establish that the driver's rule violation or other breach of the duty of care was a cause of the victim's injury or death and that the plaintiff suffered legally compensable damages as a result of the victim's injury or death.

In addition to establishing a doctor or other medical professional's duty and breach of the duty of care owed to a patient, the testimony of medical experts may also be relied upon to establish the cause or causes of a patient's injury or death and the damages suffered by the injured patient or the deceased patient's survivors as a result of the injury or death.

The Claimant must show that the Defendant was in breach of the duty of care; an employer for instance may not have provided proper protective clothing, or there was bullying in the workplace that led to an employee suffering stress at work.

This may be particularly welcome by some shareholders in light of the previous finding of a breach of duty of care against one director at another company, as well as the standing accusation that another recently - elected director faces an unreasonable conflict of interest.

This too is a breach of the duty of care, so both drivers are responsible for the accident.

Child neglect constitutes a breach of the duty of care owed to a child by someone in whose care the child has been entrusted.

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.

Causation — You must prove that the breach of duty of care was the direct cause of your child's birth injuries.

Breach of duty of care — This breach is that of the medical standard of care.

A breach of the duty of care occurs whenever a driver fails to operate a vehicle in the same manner as a reasonable person would under the circumstances.

Breach of the Duty of Care The second element that a plaintiff in a Denver personal injury case must prove is that the defendant breached the duty of care owed to the plaintiff.

Negligence, or a breach of the duty of care, can include behaviors ranging from speeding to texting while driving to failing to properly monitor an expecting mother to insufficiently removing snow or ice from a sidewalk and more.

But if there was to be found a breach of that duty of care it would have to be established that the first defendant, a 13 - year - old, was running about and playing tag in a way which was to a significant degree outside the norm for 13 - year - olds.

Negligence is generally defined as the breach of the duty of care owed by an individual or entity to someone else.

Proving a traffic violation is only the first step in establishing a breach of the duty of care.

Recognising that this case was «fairly close to the borderline», as the employee's actions were not particularly helpful in themselves, their lordships nevertheless held that the employers were in breach of their duty of care.

Actual cause exists when but for the breach of the duty of care, the injured person would not have suffered an injury.

Lawyers call this a breach of duty of care.

The breach of the duty of care must be the legal cause of the harms suffered by the injured person.

Here are some examples of scenarios in which a breach of the duty of care has occurred:

This is known as establishing a breach of the duty of care.

Proximate cause exists when the type and extent of the injured person's injuries were reasonably related to the breach of the duty of care.

The second element of negligence is a breach of the duty of care.

that the doctor acted in a way that no reasonably competent doctor working in that field would have acted (the «reasonable competence» test); and that that breach of duty of care caused or permitted the injury suffered by the patient, or at least made a material contribution to it.

Judge Simmonds QC heard argument on the preliminary issues of: whether a breach of ICTA 1988, s 561 (2) by HMRC would give rise to a cause of action for damages; if so, whether HMRC was in breach of s 561 (2) as alleged by the claimant; whether HMRC owed a common law duty of care to the claimant to process the application with reasonable expedition; and if so, whether there had been a breach of that duty of care as alleged by the claimant.

It is not based on a breach of duty of care by such authority, which once surmounted, is for the authority to justify.»

Would the condo owners be in a position to sue the full Board or individual Board members for breach of duty of care / trust and / or sue the property management company on similar grounds?

The Anns case was also referred to in Esser v. Brown (B.C. Supreme Court) and Esser v. Luoma (B.C. Court of Appeal), dealing with a notary's omissions and breach of her duty of care for failing to exercise reasonable care to one of the plaintiff sellers (who was not her client).