Sentences with phrase «breaches of statutory»

The Personal Health Information Protection Act, 2004 S.O. c. 3, Sch A, s. 65 (PHIPA) contemplates mental anguish damages for breaches of statutory duty up to a maximum of $ 10,000.

I always ensure that a well thought out step by step approach to all HR and employment related matters is taken, eliminating the risk of inadvertent breaches of statutory requirements.

We advised the director of a large tour operator on proposed claims by the administrators for wrongful trading, breaches of statutory and fiduciary duties and preference payments.

The verified complaint asserts claims for breach of contract, tortious interference with contract, tortious interference with prospective economic advantage, breaches of statutory and common law duties to preserve confidential information, and spoilation of evidence.

Acted for the liquidator of a large insurance company in a Supreme Court claim in Australia against Executive Directors and Corporate defendants in relation to misleading auditors, the publication of misleading financial accounts and breaches of statutory duties and approximately worth AUD $ 500 million.

One group further alleges breaches of statutory duty under the Data Protection Act 1998.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

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.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

Inspectors have stated that a school's recent failure to enter pupils into exams was a breach of the statutory requirements and the school's own funding agreement.

This means the action must be reasonable, proportionate and imposed by an authorised person (normally a paid member of the teaching staff) and not in breach of any statutory requirement or prohibition.

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.

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.

«For this reason, Plaintiff brings this lawsuit against Defendants for breach of statutory duties, breach of contract, breach of fiduciary duties, recovery of chattels and an accounting,» court documents state.

[19] I accept that the mere breach of a statutory authority or code does not, of itself, automatically give rise to civil liability.

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

The claimant sought damages in negligence and breach of statutory duty.

But the general rule is that breach of statutory duty is not actionable.

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».

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 ABOVE.

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,

The breaching of a statutory duty is not proof of negligence and a motorcycle accident lawyer will be able to properly apply the law to the facts of your case.

In particular, I think the LSBC has a problem because benchers «must not implement a resolution if to do so would constitute a breach of their statutory duties» (13 (4) of Legal Profession Act).

B223 / 2010, where the Board found a breach of a statutory freeze thereby preserving the employees» right to severance pay.

Representing former non-executive director of energy company in claim by liquidator of breach of statutory duty.

The issue was whether the judge was right to conclude that it is open to a court, in the absence of statutory authority, to order a closed material procedure for part (or, conceivably, even the whole) of the trial of a civil claim for damages in tort and breach of statutory duty.

Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action.

Nonsmokers have filed lawsuits against landlords or fellow tenants on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services may be limited in our client care letter in relation to an individual matter.

Whether the First and / or Second Defendants are liable to the Claimants or to any additional potential Claimants in negligence and / or for breach of statutory duty in respect of:

He sued the municipality of Dutton - Dunwich for non-repair of the roadway, alleging breach of statutory duty to post a checkerboard sign warning of the road alignment.

So for instance, where the State Proceedings Act, 1998, Act 555 requires that the Attorney General must be given 30 days» notice before any action is commenced against the Republic of Ghana [3], a Judge does not have any discretion in such a breach of this statutory provision.

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.

Fittingly, to start the year, January 2008 saw the decision in A v Hoare (2008) UK HL 6, [2008] All ER (D) 251 (Jan) and its joined cases where the House of Lords overturned its earlier decision in Stubbings v Webb (1993) AC 498 HL, [1993] 1 All ER 322 and held that, where the injury had been caused by an assault, the rules for limitation should be the same as for injury caused by negligence or breach of statutory duty.

He made no claim against the departmental manager herself, and his claim was based exclusively on the trust's vicarious liability for his manager's alleged breach of the statutory prohibition of harassment.

It should not cover damages for injury sustained otherwise than in road traffic accidents, for example, employer's negligence or breach of statutory duty, claims against local authorities or occupiers, nuisance claims or assault claims.»

«The House of Lords may have closed the door on pleural plaque compensation claims made on the basis of negligence or breach of statutory duty, but at the same time they have also opened the window, by unexpectedly flagging up a potential new line of argument — that claimants could sue for breach of contract,» he says.

It turned out in this case that the trust had been in breach of the 2000 directions by not having a relevant policy at the time of the incidents although the claimants did not bring actions for breach of statutory duty.

The original and replacement tenancies will be treated as the same tenancy for the purpose of certain legal proceedings — at the moment landlord's claims for breach of covenant, and tenants» claims for breach of statutory duty — the act permits further classes of litigation to be added by regulation.

In a claim for breach of statutory duty relating to manual handling operations, it is not enough for the claimant to show a breach of the requirement to carry out a proper risk assessment if there is evidence that the defendant had in fact taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicable.

Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.

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.

On that basis, there was a Polkey reduction of 100 % in the compensatory award because he would have been chosen anyway; a basic award was made, which was uplifted by 25 % for breach of the statutory procedure.

Having held that there was no right to a private law claim, the judge then addressed the interrelationship between claims for breach of a statutory duty and for breach of a common law duty of care in a statutory context.

On that basis a duty to avoid undue delay would be owed to all, effectively creating «back door» liability for breach of statutory duty.

Had that been established, the claimants would have had a claim for breach of statutory duty under section 48A Water Resources Act 1991.

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.

Not exact matches

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»