Sentences with phrase «company giving rise to claims»

Mediated dispute between author and media company giving rise to claims to breach of contract, promissory estoppel, fraudulent inducement and negligent misrepresentation

Not exact matches

And while companies can do their best to instill a culture that is safe and friendly for employees, it only takes one bad employee or manager to create a situation that gives rise to an EPLI claim.

In a ruling on 15 October 2014 about claims for Nestlé SMA toddler milks in an ASDA email, the ASA: «told [the companies] not to state or imply that health could be affected by not consuming a product, or to give rise to doubt the nutritional adequacy of a reference product.»

The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.

Upon first use of their Membership numbers, cards or of any benefits, Members are deemed to have accepted these Terms and Conditions and releases The Company, Airline Partners and / or Partners from any direct or indirect loss, claims, costs, damages or expenses of any kind whatsoever arising out of or in connection with the Golden Circle, and whether or not The Company, Airline Partners and / or Partners have any control over the circumstances giving rise to such loss, claims, costs, damages or expenses.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

«Many of the claims from the residents may be covered by insurance, however, there may have been serious failings by the management company, acting on behalf of the local authority, that may give rise to further liability in contract (to the tenants of the block) and in negligence.

Similarly, automobile design flaws leading to a roof that crumbles or a vehicle that is more likely to tip over may give rise to a claim for damages against the car company, even where the accident itself was caused by the driver.

A new university study and the ever - increasing use of wireless devices, such as the BlackBerry, could result in a flood of lawsuits against employers for creating an allegedly dangerous environment where unpaid overwork is required for success, promotion and job security, a leading law firm warns -LSB-...] Giving rise to possible claims, is a recent study by Gayle Porter, Associate Professor of Management at Rutgers University in New Jersey, which suggests possible liability for companies if they keep their employees on «electronic leashes» as part of their job requirements.

And in Perry v Day Mr Justice Rimer held (at [62]-RRB- that, in the light of Giles v Rhind, it was arguable that there is an exception to the principle where the company fails to sue within the period available for it to do so because of ignorance of the facts giving rise to the claim.

James is frequently instructed in cases giving rise to issues traditionally regarded as falling within the «commercial chancery» sphere, including issues relating to proprietary claims / tracing, company law, trusts and insolvency.

Public disclosures by a company about the existence or results of a criminal or regulatory investigation and other similar publicly available corporate announcements frequently give rise to civil claims relating to the conduct at issue.

We have assisted Alma Media Group companies in various labour disputes, including both civil and criminal claims on wrongful dismissal and discrimination, which have given rise to several legal precedents.

Any insurance company who pays an insurance claim caused by the tortious fault of another (e.g. Samsing, if its product was defective in a manner sufficient to give rise to legal liability) has a right to sue the party at fault for the loss the insurance company suffered in what is called a subrogation lawsuit.

If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»

Notice also be given in writing to the Company immediately by the Insured shall have knowledge of any impending prosecution inquest of fatal inquiry in respect of any occurrence which may give rise to a claim under this plan.

Notice shall also be given in writing to the Company immediately the insured shall have knowledge of any impending prosecution, inquest or fatal inquiry in respect of any occurrence which may give rise to a claim under this Plan.

The case of Niruvati kamble (policy holder) whose insured dumper was stolen on 16 July 2012 gave rise to a new regulation which stated that insurance companies have to pay the claim in the delay written intimation case as well.

Courts have long held that an insurance company's duty to defend its policyholders is triggered when the insurer is made aware of allegations or facts that give rise to a potential claim that is covered under the policy.