Sentences with phrase «cause of action against»

The Buyer next argued that the Buyer has a separate cause of action against the Broker under the Act because Edwards had independent knowledge of the flooding from a prior transaction.

Your conduct has given me a cause of action against you known as a tortuous interference with contractual relationships.

All lawyers who have a cause of action against a real estate brokerage should first do a fiduciary analysis to determine if advantages exist such as the extension of the statute of limitations, burden of proof shifting, fee forfeiture, rescission, criminal prosecution or punitive damages.

Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to buyer that the house was in good condition

All lawyers who have a cause of action against a real estate brokerage should first do a fiduciary analysis to determine if advantages exist such as the extension of the statute of limitations, the burden of proof shifting, fee forfeiture, rescission, criminal prosecution or punitive damages.

(3) If a person fails to pay the compensation fund corporation as required by subsection (1) or (2), the corporation has a cause of action against the person for the amount unpaid.

Werner v. Katal Country Club (234 A.D. 2d 659)- broker may recover a commission in the absence of being the procuring cause in a transaction where the seller terminates the broker's activities in bad faith and as a mere device to escape the payment of the commission; triable issue of fact exists as to seller's bad faith where seller engaged in direct negotiations with buyer and withdrew proposed contract indicating broker was the procuring cause and inserting himself as procuring cause after broker refused to reduce his commission; cause of action against attorney under Judiciary Law § 487 (1).

A South Carolina court has considered whether a seller's failure to provide a completed disclosure form to the buyer gave the buyer a cause of action against the seller and the real estate brokers.

The court ruled that the Broker's confidentiality policy was contrary to the purpose of the property disclosure law and that the Buyer had sufficiently alleged a cause of action against the Broker for its failure to disclose the information from the earlier transaction.

But the court determined that since she was not found guilty of fraud and allegedly there were no damages sustained, she had no cause of action against the lawyer.

The term has its historical roots in the common law tradition where the tort of alienation of affection was a cause of action against a third party adult who «steals» the affection of the plaintiff's spouse.

Note this gives individual native title holders a cause of action against the PBC.

However, since your divorce agreement states your ex-husband is responsible, you would have a cause of action against him in court.

The appellant, 2249659 Ontario Ltd., an inactive company, purchased RCI including the cause of action against Sparkasse and TM Germany for one Euro on the insolvency of RCI's parent company.

Rather, to state a § 1983 cause of action against a municipality, a plaintiff must plead «(1) the existence of an official policy or custom; (2) that the policy or custom is fairly attributable to the municipality; and (3) that the policy or custom proximately caused the deprivation of a constitutional right.»

Also, even if the buyer is bound, the buyer might have a cause of action against the seller for failing to disclose the lease, or against the buyer's attorney and / or realtor for failing to do adequate due diligence regarding the purchase.

As it is possible to receive a CICA award, or prosecute an offence many years after the crime took place, the offender will remain liable to pay out to CICA long after the direct cause of action against him by the victim has been extinguished.

Under the ACPA, a trademark owner may bring a cause of action against a domain name registrant who

The misrepresentations were continuing and gave rise to a cause of action against the principal.

It was held that, even if a shareholder has a personal cause of action against the company, he can not recover loss which is merely reflective of loss suffered by the company.

In order for the statement of claim to properly allege a reasonable cause of action against AG Canada, it must contain two elements:

If you believe that you may have a cause of action against another, based on their negligence, you should contact an experienced New Mexico personal injury attorney to discuss the facts of your case.

If the road where this occurs is public, you may have a cause of action against the owner of the road, which may be a government entity or the construction company.

In Ontario a representative plaintiff must have a cause of action against each named defendant: Ragoonanan Estate v. Imperial Tobacco Canada Limited, (2000) 51 O.R. (3d) 603 (S.C.J.) and Boulanger v. Johnson & Johnson, [2002] O.J. No. 1075.

Ultimately, the Court of Appeal's decision establishes that bald, generalized claims against directors for the alleged wrongful acts of agents or employees in foreign jurisdictions are insufficient to sustain a cause of action against them.

A statement from the TSX in the court file says: «The TSX defendants intend to bring motions to strike the statements of claim as they disclose no reasonable cause of action against them.»

Your attorney will assess the crash and determine whether you have a viable cause of action against the bus driver, busing company, or maker of the bus.

Although Justice Roland Haines recognized that there must be a representative plaintiff with a claim against each named defendant, he was not satisfied in the context of a Rule 21 motion that a plaintiff must have a cause of action against each member of a putative defendant class.

In addition to truck drivers, injured accident victims in Ohio may also have a cause of action against the driver's trucking company under Ohio agency law.

The court of appeal dealt with the issue in Hughes v. Sunbeam Corp., [2002] O.J. No. 3457, in which the plaintiff had a direct cause of action against only one of the defendant manufacturers.

Thus, the trial judge's implicit holding that Midland, as a shareholder, enjoyed a cause of action against Roberts for his breach of fiduciary duty to Magellan was not sustainable.

Section 130 (1) of the OSA provides that where a prospectus contains a misrepresentation, «a purchaser who purchases a security offered by the prospectus during the period of distribution or during distribution to the public» has a cause of action against, amongst others, the issuer and underwriters of the securities in question.

The Supreme Court of Canada's analysis in Marcotte was more about whether a proceeding could advance against several defendants without a direct cause of action against each.

The issue here is whether priority should be given to D2's protection from claims arising, in the broad sense, out of the loss inflicted upon P, or to D1's interest in ensuring that his ability to recover contribution is not prejudiced by the conduct of P after P's cause of action against D1 and D2 has arisen.

In the case, Mr. Im brought a motion seeking leave to discontinue the action, with the intention of then bringing a new application for the same cause of action against the same parties.

In cases of defective bicycle handlebars, seats, or brakes, an injured bicyclist may have a cause of action against the bicycle manufacturer or distributor for products liability.

If a municipality fails to maintain the roads, and an enormous pothole develops, and as a result you experience a rollover accident, you may have a negligence cause of action against the municipality.

An experienced slip and fall injury lawyer can help you understand whether you have a cause of action against the owner or manager of the property where you were hurt.

While Jesner suggests that five justices likely would rule that the federal courts should not recognize an ATS cause of action against American corporations for their overseas activities, several federal appeals courts have exhibited little willingness to limit the scope of ATS liability unless directly ordered to do so by the Supreme Court.

If so, you may be able to pursue a cause of action against the employer and building contractor.

Court upheld the constitutionality of California Code of Civil Procedure section 1714.10, which requires that a plaintiff seek leave of court to add a cause of action against an attorney for an alleged conspiracy with a client, based upon a showing that there is a «reasonable probability» that the plaintiff will prevail in the action.

In a case of first impression, the Pennsylvania Supreme Court reversed the en banc Superior Court's finding that «a patient does have a cause of action against either a psychiatrist or a general practitioner rendering psychological care, when during the course of treatment the physician has a sexual relationship with the patient that causes the patient's emotional or psychological symptoms to worsen.»

57 (1) If the commissioner has made an order under this Act against an organization and the order has become final as a result of there being no further right of appeal, an individual affected by the order has a cause of action against the organization for damages for actual harm that the individual has suffered as a result of the breach by the organization of obligations under this Act.

Ball & Bonholtzer has the experienced attorneys you need to pursue your cause of action against unethical business practices.

In cases such as this, the man's wife may have a civil cause of action against one or more of the drivers who hit and killed her husband.

Florida law permits citizens to file a cause of action against a municipal or state agency for failing to maintain a roadway or pedestrian thoroughfare in a reasonably safe condition.

(2) If an organization has been convicted of an offence under this Act and the conviction has become final as a result of there being no further right of appeal, a person affected by the conduct that gave rise to the offence has a cause of action against the organization convicted of the offence for damages for actual harm that the person has suffered as a result of the conduct.

This appeal considered whether the claimants have a direct mistake - based action in unjust enrichment against the defendant on the basis that the defendant was enriched at the claimant's expense by the mistaken payment of VAT, and whether the claimants» cause of action against HMRC in unjust enrichment for the recovery of VAT was excluded by the Value Added Tax Act 1994, s 80 (7).

Is there a cause of action against the third parties?

A person who walks along a hallway and suddenly slips, falls, and injures himself, or when walking in a parking lot and trips over a crack in the ground, may or may not have a cause of action against the premises owner or manager.