Sentences with phrase «care owed»

Without actually defining the standard of care owed by a real estate agent in a case like this, the court ruled that Weddell and her company had failed to meet their obligations to their client.

For me personally, it has nothing to do with commission and everything to do with a fiduciary care owed to your client.

In Messler v. Phillips, the Colorado Court of Appeals addressed the issues of fiduciary duty and duty of care owed by a listing agent to a buyer.

Hants therefore breached the duty of care owed to Murphy.

That is, he had allegedly breached the duty of care he owed to the customers, resulting in a loss.

The lawyer received the funds for the husband and then breached a standard of care owed by a reasonable lawyer in these circumstances, the court ruled.

To determine negligence there must be a duty of care owed (you must keep people safe).

Beyond the certificate of review, medical experts play key roles in establishing the standard of care owed to a patient, and whether a specific care provider (the defendant) failed to meet that standard.

The House of Lords appears to have missed a golden opportunity to incrementally evolve the common law to extend the existing duty of care owed by social workers to children who have allegedly been abused, to their parents as well, which would have been a welcome, purposeful interpretation, in keeping with the spirit of Art 8.

The fact that the respondent did not give up her job when the stresses grew did not, in present circumstances, eliminate the duty of care owed to her.

[87] With respect to negligent donor screening, the plaintiffs must establish the duty of care and the standard of care owed to them by the CRCS.

● The Court of Appeal gave judgment in favour of the defendant to a personal injury claim in two cases where the key issue was the standard of care owed by one individual to another; and

Lord Justice Auld, who delivered the main judgment in the appellate court, (concurred in by his two colleagues), was adamant that there was no distinction to be drawn between the fact that this case concerned the duty of care owed by social workers, in contrast to East Berkshire which considered the ambit of the duty of care of doctors.

[108]... There is nothing inconsistent with a finding of a private law duty of care owed to individuals in a particular situation and the existence of the public duties owed by Health Canada under the legislation.

«Now that we have an Ontario Court of Appeal decision finding that there is insufficient proximity between corporate sponsors and individual participants to give rise to a duty of care owed by the sponsors to the plaintiff, I would recommend corporate sponsors in Canada include a provision in their commercial sponsorship agreements that the governing law be that of the Province of Ontario,» says Perry.

Various provincial law societies within Canada provide, in written rules of professional conduct, for the duties of skill and care owed by solicitors to their clients during the course of a retainer or engagement and following its conclusion.1.

the representative plaintiff, and not some other members of the class, must demonstrate a private law duty of care owed by AG Canada

Though J.J. was engaging in adult activities — such as drinking alcohol, smoking marijuana, stealing, driving without a license, and driving while impaired — the case is not concerned with the duty of care owed by minors who participate in adult activities.

The case is concerned with the duty of care owed by adults to minors

Second, it must be clear that the defendant breached a duty of care owed to the plaintiff, thereby exposing the plaintiff to an unreasonable risk of injury, and the plaintiff must have suffered that form of injury.

In finding that the Happy Gilmore shot breached the standard of care owed to other players the justice asserts in para. 20, «I am convinced that the «Happy Gilmore» shot would have been less controllable than a normal tee shot,... because it involved a run - up to the ball (rather than an aimed shot from a stationary position)».

In finding that the Happy Gilmore shot breached the standard of care owed to other... [more]

(3) Whether the keys or locks installed at the time of the riot in October 2002 were reasonable and adequate to discharge the duty of care owed to the Claimants

The accumulation of toxic fumes in the sewage pumping station at the junction of Elba Crescent and Baldwin Crescent, Crymlyn Burrows, Port Talbot on 10.10.96 and as to (a) the nature and source of the substance which accumulated in the sewage pumping station and in particular whether it was trichlorofluoromethane, (b) the nature and extent of duty of care owed to the various claimants by each of the respective defendants, (c) whether the substance accumulated as the result of a failure to take reasonable in the circumstances and / or other breach of duty by Gower Chemicals and / or Neath and Port Talbot County Borough Council, (d) whether the accumulation and toxicity were foreseeable by them.

Most states have a premises liability statute, which provides the duty of care owed by a landowner.

This case provides a useful examination of the duty of care owed by an arranging bank of a Sukuk (an Islamic finance structured transaction) to holders of Sukuk certificates.

Most states have a premises liability statute that provides the duty of care owed by the landowner to others on their property.

The law says there is a duty of care owed.

Negligence refers to the breach of a legal duty of care owed to another.

The duty of care owed to playground - users includes the duty to make the playground reasonably safe for children with special needs if such children are invited onto and known to use the playground.

Healthcare Law and Clinical Negligence Healthcare law and clinical negligence governs the rights of patients and the duties of care owed to them by healthcare professionals.

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.

There are different levels of care owed, depending on what type of visitor is injured.

They are necessary to establish that there was a breach of the standard of care owed to you by a health care provider.

Employers will be liable if the employee can prove negligence by establishing that the employer breached the duty of care owed to the employee and this breach of duty caused the employee to suffer recoverable loss.

Therefore, you must demonstrate that the defendant committed a careless, reckless, or intentional act in breaching the duty of care owed to you.

This bill codifies current law is it relates to the duty of care owed to a trespasser by a possessor of land.

Usually, any monetary compensation in a pedestrian negligence case involving a car will depend on the duty of care owed by those involved.

Part one about the duty of care owed to patients by doctors and dentists can be found here.

Negligence, in the context of medical malpractice, is the breach of the standard of care owed by a physician or other medical professional to a patient.

This is different from the duty of care owed by another driver, such as a friend or family member.

The duty of care owed by one person to another in modern society also varies with particular situations.

Under basic principles of negligence, drivers are negligent when they breach a duty of care owed to others.

In these circumstances it was a breach of the defendants» standard of care owed to the plaintiff.

All negligence actions require a showing of a duty of care owed by a defendant to a plaintiff.

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.

Medical malpractice is generally defined as the failure of a doctor, nurse, or other medical professional to exercise the degree of care owed by the medical professional to his or her patient under the particular circumstances that gave rise to a patient's injury or death.

There is a difference between the standard of care that an ordinary «reasonable person» owes to any other person, and the standard of care owed by a professional in an area.

One of the most often contested elements in New Mexico auto accident cases is establishing that the defendant breached the duty of care he owed to the plaintiff.

Under the CMCHA, a corporate offence is committed if the way an organisation manages or organises its activities (i) causes a death; and (ii) amounts to a gross breach of a relevant duty of care owed by the company to the deceased.