Sentences with phrase «common law duty of»

The court held that the listing agent, who also represented the buyer in a concurrent sale deal, did not owe the buyer a fiduciary duty regarding the purchase, but did owe the buyer a common law duty of care.

H. Violation of any laws relating to medical assisting practice, including the common law duty of providing a standard of care that meets or exceeds that of the reasonably competent and knowledgeable CMA (AAMA).

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.

«If the policy of the act is not to create a statutory liability to pay compensation, the same policy should ordinarily exclude the existence of a common law duty of care.»

They also contended that it would be a breach of the common law duty of fairness to witnesses.

Judge Simmonds QC heard argument on the preliminary issues of: whether a breach of ICTA 1988, s 561 (2) by HMRC would give rise to a cause of action for damages; if so, whether HMRC was in breach of s 561 (2) as alleged by the claimant; whether HMRC owed a common law duty of care to the claimant to process the application with reasonable expedition; and if so, whether there had been a breach of that duty of care as alleged by the claimant.

Lord Rodger continues this theme in East Berkshire «that there are cogent reasons of public policy for holding that no common law duty of care should be owed to the parents».

The Court of Appeal dismisses Starbucks» appeal, finding it was open to the Trial Judge to conclude Starbucks was an occupier and no common law duty of care arises in the case.

In a situation where the defendant is acting in pursuance of functions under a statute, it is necessary to consider a construction of the Act itself, alongside the issues concerning the defendant's liability under the common law of negligence, in particular the primary question as to whether the common law duty of care arises.

There is, therefore, no common law duty of care.

... 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:...

Whether during the period between 18th September 2008 and 19th January 2009 the Defendants owed fiduciary duties and / or a common law duty of care to the Claimants in respect of the correctness, accuracy and completeness of the information, recommendations and advice provided concerning Lloyds» proposed acquisition of HBOS and / or its recapitalisation with government money through the Placing and Open Offer, and if so the scope of any such duties.

The Supreme Court of Canada's decision in Bhasin v. Hrynew significantly evolves the common law of contract by recognizing a general common law duty of good faith contractual performance, and... [more] Full article

Returning to the majority view, the common law duty of prior consultation depended on the particular circumstances in which each direction is made.

The claim alleges that Shoppers Drug Mart has breached certain terms of the Associate Agreement, as well as its statutory and common law duty of good faith and fair dealing regarding the operation of the franchise system.

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.

The majority of the Court of Appeal rejected the trial judge's expansion of the duty of honest performance in contracts to create a common law duty of «reasonable exercise of discretionary contractual powers,» noting that the duty of honest performance does not relate to the negotiation of terms, and confirmed that an agreement should be interpreted in accordance with its terms unless it is unconscionable or contrary to public policy.

The claimants were able to establish that the system — taken in its entirety — was unfair; and thus the Lord Chancellor had breached the common law duty of fairness.

They covered the failure of the Lord Chancellor to consult on the process of the changes, the common law duty of the Lord Chancellor to ensure fairness; and grounds based upon the European Convention on Human Rights.

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.

Canada's constitutional relationship with its Aboriginal peoples is based on both ethics and law, and clearly meets the proximity requirements for establishing a common law duty of care.

Section 2 (2)'s obligation to consult is significant because it establishes a common law duty of care and a basis for Canada's liability in failing to take reasonable steps in preventing Ontario's Sixties Scoop class members from losing their Aboriginal identity.

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

[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.

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.

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.

He found that such conduct constituted breaches of the fiduciary and common law duties of care which the sisters owed to the company, which had been engaged in property development.

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

Not exact matches

It is our duty as Americans to know and appreciate the systems of belief — the mythic cosmologies, the scientific laws, the common - sense attitudes — that in times past have served to give coherence and purpose to our life together.

He highlighted Britain's achievements as a «pluralist democracy which places great value on freedom of speech, freedom of political affiliation and respect for the rule of law, with a strong sense of the individual's rights and duties, and of the equality of all citizens before the law and noted that there was much in common here with Catholic social teaching.

On the contrary, the strength of the enforcement devices, the clerical and moralistic character of the legal approach at large, the duty of disclosure, the close control exercised by the community upon the individual and upon the law, if compared with the analogous legal institutions of the Latin countries, seem to disclose rather a more collectivistic than a more individualistic character of the common - law system....

In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter - common law negligence involving the breach of a duty to ensure there was no escape of GM material, and the tort of private nuisance - they claimed only financial loss.

He sent Gabriel off with a straight red for an offence that was smaller than actions the referee had seen (or hadn't if we want to apply blatant disregard of duty to his list of offences) and not actually a straight red offence as there was no contact, and it was not «violent conduct» under most common interpretations of the law.

At the end of the day, the EU's economic constitution is about transforming defensive trade weapons (eg tariffs, or anti-dumping duties) into common rules (say competition law) and compensations (subsidies to poorer regions who might benefit less than the single markets).

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.

In an Oct. 29 opinion, the Maryland Court of Appeals said school counselors in Montgomery County may have breached a common - law duty when they failed to inform the parents of a 13 - year - old middle school student that the child had threatened suicide in 1988.

Civil Law which is also referred to as the Common Law primarily deals with the rights and duties of individuals or corporations of a particular nation.

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

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

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

But the trend is proceeding on a case by case basis... and has not lost sight of the established position of the common law that there is no general duty, universally imposed on all decision makers.»

Aside from legislative protection, contract law contains a number of other protections for all parties or for vulnerable parties, including laws on mistake and misunderstanding, and the newish (for the common law) duty of good faith.

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.

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.»

In this case, Christina Lambert and Matthew Hill successfully obtained permission for judicial review on the basis that a pilot scheme Notice of Hearing did not comply with the GMC's statutory duty and common law obligations of fairness.

Mr. Mavrick has also handled many cases involving allegations of breach of non-competition covenants and allegations involving breach of the common law employee duty of loyalty.

The law imposes a higher duty of care on truck drivers and common carriers to exercise due care when operating a truck.

In many cases, the regulation of common carriers falls under state and federal law, which enforces a duty of care that buses and other common carriers must follow, such as:

At common law, what was expected in these circumstances was that the attorney general would institute proceedings to uphold public rights and duties either acting ex officio or through a «relator action», ie one in which the attorney general proceeded to assert a public right on the relation of a private person or a corporation.

An employee has a common law «duty of loyalty» to an employer, which basically means that the employee can not directly compete with the employer and can not undermine the employer, while employed by the employer, even in the absence of a non-compete.