Sentences with phrase «breaches of duty occur»

When a breach of this duty occurs, the help of a qualified attorney can be the best way to protect your legal interests.

Not exact matches

«A public officer has a duty to maintain this trust throughout their service, and taxpayers should not be expected to pay for the pension when that breach of good faith has occurred.»

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.

For an injury claimant to succeed under the Occupiers Liability Act, she must prove on the balance of probabilities that the landlady was an occupier of the premises where and when the accident occurred, that the landlady breached a duty of care owed to the claimant that the landlady's breach caused the claimant's injury, and that the plaintiff suffered a loss.

A breach of duty may occur when a driver texts or otherwise gets distracted behind the wheel, drives while drunk, runs a red light or stop sign, or drives while excessively fatigued, among many other examples.

If you have been injured because another person breached his or her duties as a firearm owner, you may be able to hold that owner liable for an injury or death that occurred as a result of negligence.

When a New Mexico semi-truck accident occurs, a jury can sometimes hold the driver liable and find that the driver of a truck breached a duty owed to an injured person, even if the injured person was violating a law leading up to the collision.

Negligence occurs when you have and breach a duty of care to others.

When an injury occurs, sufficient evidence is required to connect the dots between the damage suffered and the breach of duty.

Third parties can be accountable in civil court for the negligence and even criminal conduct of someone else if they breach a duty of care that in turn allowed the injurious incident to occur.

To establish that a wrongful death occurred, an attorney must prove that the individual had a duty of care to the deceased, their act or omission breached that standard of care, their wrongful actions were the proximate (direct) cause of the injury or death of the decedent, and damages resulted.

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

If the dentist fails to maintain or uphold his standard of duty, a breach has occurred.

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.

To determine if negligence has occurred and whether compensation is owed for damages, Texas Premises Liability Law requires plaintiffs to offer four «proofs»: 1) that a duty was owed, 2) that there was a breach of the duty, 3) that the breach was the cause of injury (proximate cause), and 4) that the victim suffered damages.

The PSLREB viewed the standby duty directive as a breach that carried on throughout the entire working year, when the lawyers were actually only on standby duty for a maximum of three weeks per year, and the few emergencies that arose during those limited periods typically occurred on weeknights.

When this duty of care is breached, and those actions result in the death of another, negligence has occurred.

Negligence occurs when a person has and breaches a duty of care, which causes another person to suffer harm.

For a breach of duty to occur, the business must fail to keep the premises in reasonably safe condition.

Tort actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and damage (an injury) must occur because of that breach.

Even on Bookers argument if at least 75 % of Mesothelioma cases are asbestos related, if the victim can prove that their exposure to asbestos occurred as a result of negligence or breach of statutory duty and that this exposure materially contributed to their condition why should the victims or their families be required to additionally prove «beyond doubt» that it was caused by the asbestos exposure.

In ss 2 and 3 prosecutions where no injury has occurred particularity may be required as to the breach of duty alleged.

But, as Robert Stevens points out, the kind of remedy given (damages for the physical harm suffered when the risk of damaging side effects actually occurred) does not match the rationale for liability (the breach of the duty to inform).

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.

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84 DOS 99 Matter of DOS v. Woodland - failure to appear at hearing; jurisdiction; mortgage applications; failure to pay judgment; ex parte hearing may proceeding upon proof of proper service; DOS has jurisdiction over respondents for acts of misconduct which occurred during licensure even though the licenses expired on their own terms; DOS fails its burden of proof to establish broker failed to obtain signature on agency disclosure form; DOS fails its burden of proof to establish that a broker has an obligation to «pre-qualify» a potential purchaser; broker breached duty to deal honestly with the public when advised purchaser he would assist in obtaining financing and failed to do so; DOS fails its burden of proof that broker wrongfully failed to hold a $ 500.00 deposit in escrow as deposit was remitted to seller with the permission of buyer; failure to pay judgment without a showing that broker is unable to do so is a demonstration of untrustworthiness; no action to be taken for reapplication for broker's license until payment of $ 1,000.00 fine and proof of satisfaction of judgment

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained