Sentences with phrase «common law duty»

[46] What is clear, however, based on s. 2 of the Act, is that there is no general common law duty of care, based on proximity principles, owed by an adjacent property owner or tenant in respect of sidewalks that abut that person's property.

Their reasoning expresses both general skepticism that incremental interpretation of precedent can definitively guide duty of care analysis in close cases, and specific doubts that the available precedents that had identified general common law duties for public authorities were relevant to the situation in Robinson [96].

In most of Canada, it doesn't appear that there is any recognized common law duty to provide a letter of reference.

With respect to whether the court should recognize a new common law duty of honesty in contractual performance - under the broad umbrella of the organizing principle of good faith performance of contracts Justice Cromwell held that the Court should.

As far as the Court of Appeal was concerned, however, the fl aw in this argument lay in the fact that there was no existing common law duty at the time that FIA 2000 was passed.

Their additional common law duties to the company are set out in the Companies Act 2006 (CA 2006) at ss 170 — 181.

The Court of Appeal in McKay noted that other common law duties for adjacent landowners who are not occupiers may apply, but concluded,

Although this legal obligation has always existed as part of an employer's common law duties in 2010 the obligation was codified in Ontario by way of amendments to the Occupational Health and Safety Act.34 The workplace violence and harassment provisions can now be found in Part III.01 of the Act.

... The duty of commitment to the client's cause has been recognized by the Court as a distinct element of the broader common law duty of loyalty and thus unquestionably is a legal principle:...

a personal injury claim for breach of the employer's common law duty of care (mainly under the law of negligence);

The Supreme Court's decision expands the common law of contract by recognizing for the first time a general common law duty of good faith contractual performance.

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

In the recent case of R (on the application of Hasan) v The Secretary of State for Trade and Industry [2008] EWCA Civ 1311, [2007] All ER (D) 276 (Nov) the Court of Appeal was presented with an opportunity to hold that English law now recognises a general common law duty for decision makers to give reasons for their decisions.

However, it was argued that the enactment of FIA 2000 ought not to be regarded as having abrogated the existing common law duty to give reasons.

When it comes to health, safety and welfare of employees, school officials have a wealth of responsibilities, with Section 2 of the Health and Safety at Work Act stating that employers have a general duty to provide a safe place of work, a safe system of work, competent fellow employees and the common law duty to ensure they take reasonable care for the safety and health of their employees.

Currently employers have a common law duty to take reasonable care and provide a safe place of work for their employees.

There's also health and safety legislation such as the Health and Safety at Work Act 1974 which, whilst not creating rights for employees to sue their employer, affect and influence the common law duty of care.

Counsel for the appellant accepted that a common law duty to give reasons for decisions would need to take account of these exempted matters.

On occasion, however, the courts have been prepared to hold that a decision maker is subject to a common law duty to give reasons for its decision.

Counsel for the secretary of state argued that the very existence of the Act, and the nature of it provisions, provided a clear indication that the Court of Appeal should not recognise a common law duty to give reasons.

Nor is there generally a common law duty to rescue.

Thus in the words of Judge LJ: ``... the 2000 Act may properly be seen as Parliament's considered statutory framework for the disclosure of information held by public authorities, whose enactment militates against the incremental judicial perception of a common law duty to the same or any wider extent.»

However, a general lack of understanding combined with perceived information governance risks means that all too often organisations, and individuals within them, are so risk averse that they are prevented from sharing appropriately by the fear of a breach of the Data Protection Act 1998 («DPA»), the common law duty of confidentiality or the myriad of NHS guidance.

Ofsted's duty of fairness derived solely from a common law duty to carry out a bona fide and open minded inspection and report accordingly.

The High Court held, applying Wyatt v Hillingdon London Borough Council (1978) 76 LGR 727, that a council's failure to comply with its statutory duty to provide domiciliary care services under s 2 of the Chronically Sick and Disabled Persons Act 1970 can not amount to breach of a common law duty of care.

Consistent with a landmark Supreme Court of Canada decision (Bhasin Hrynew, 2014 SCC 71), the B.C. Court confirmed that where an agreement of purchase and sale is subject to one of the parties (in this case, the seller) obtaining approval from a third party, such party is under a common law duty to act reasonably and in good faith to obtain the approval and complete the sale.

ICBC»S lawyer also argued that the Plaintiff breached his common law duties by failing to take reasonable steps in the furtherance of his own safety.

[19] The question then becomes: is there a common law duty on the owner of the property to clear snow and ice from public sidewalks adjacent to the property?

The court addressed the question as to whether the common law duties of care had been abolished due to the Act by adopting the following statement in Bongiardina,

[30]... In Bongiardina, the court framed the issue in terms of whether there was a common law duty on a property owner, in that case a residential homeowner, to clear sidewalks adjacent to the property.

As an alternative cross-appeal, the Respondent raised the issue that if the statutory duty under the Act did not apply, that the common law duties would proceed.

This decision from the Alberta Court of Appeal is significant for employers as it confirmed that employers are not bound by any common law duty to reasonably exercise discretionary contractual power.

The question for the court was: did the secretary of state owe any common law duty of care to Rowley or her children?

Lord Justice Dyson considered this in the light of the test in Caparo Industries plc v Dickman [1990] UKHL 2, [1990] 1 All ER 568, especially the third test: was it just and reasonable to impose a common law duty of care on the secretary of state under the Child Support Act 1991 (CSA 1991)?

In a release, Juroviesky and Ricci LLP says the suit, which has yet to name a lead plaintiff, alleges «class - wide violations of various statutory and common law duties to the students of York University.»

1988), a well - known American case that invites a kind of common law duty to retain records even in advance of anticipated litigation.

Beware the common law duty to retain a record.

The court also referred to a unanimous judgment from the Supreme Court of Canada (SCC), in which the SCC recognized a general organizing principle of good faith contractual performance — i.e., that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.

She also has a particular interest in patient confidentiality and information governance law, with expertise in the duties arising from the common law duty of confidentiality, the Data Protection Act 1998 and the Freedom of Information Act 2000.

Assessing fault after a car accident involves applying the common law duties of care.

Indeed, it has long been recognised that employers owe to their employees a common law duty to ensure that they can go about their duties without fear of harassment or disruption by fellow employees.

It is well established that employers have a common law duty to take reasonable care for the health and safety of employees in the workplace.