Sentences with phrase «conduct of a reasonable person»

Not exact matches

What reasonable people do, what leaders do is they bring these groups together to try and form consensus to respect the legal rights of people who want to conduct commerce but requiring them to do it in an environmentally sound manner.

Delaware law provides that a corporation may indemnify such person if such person acted in good faith and in a manner such person reasonably believed to be in or not opposed to the best interests of the registrant and, with respect to any criminal proceeding, had no reasonable cause to believe such person's conduct was unlawful.

'' [W] e strongly question whether the IRS has actually established a reasonable basis to support the mass production of records for half of a million people, the vast majority of whom appear to not be conducting the volume of transactions needed to report them to the IRS.

Indemnification: You agree to indemnify, defend and hold harmless Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Agreement or any activity related to your account (including infringement of third parties» worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person at your direction accessing Fertility Center of Las Vegas» web site.

More controversially, they also cover material relating to government policy formulation (including the background information on which decisions were based) and anything else which «would in the reasonable opinion of a qualified person be likely to prejudice the effect conduct of public affairs» - something again left undefined in the Act.

Agricultural practices conducted on farmland shall not violate the public policy of Erie county if such agricultural practices are: (i) reasonable and necessary to the particular farm or farm operation; (ii) conducted in a manner which is not negligent or reckless; (iii) conducted in conformity with generally accepted agricultural practices; (iv) conducted in conformity with all local, state and federal laws, ordinances and regulations; (v) conducted in a manner which does not constitute a threat to public health and safety or cause injury to health and safety of any person; and (vi) conducted in a manner which does not unreasonably obstruct the free passage or use of navigable waters or public roadways.

Indemnification You agree to indemnify, defend, and hold harmless Activation Products, its officers, directors, employees, agents, licensors and suppliers (collectively the «Service Providers») from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

You agree to indemnify, defend, and hold harmless World of Jewish Singles, its officers, employees, agents, licensors and suppliers (collectively the «Service Providers») from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

The defendants claimed qualified immunity, which requires courts to rule in favor of a government employee unless the conduct violates «clearly established statutory or constitutional rights of which a reasonable person would have known.»

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

You agree to indemnify, defend, and hold harmless the Santa Ynez Valley Humane Society, its officers, directors, employees, agents, licensor's and suppliers (collectively the «Service Providers») from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Under HB 210, for example, the crime of animal cruelty requires that «the person's conduct is not reasonable and necessary to protect: (1) the actor or another person from injury or death; or (2) property from damage or loss if the property is an animal; or other property that is $ 50 or more in value.»

Physical threat means conduct that places a person in reasonable apprehension of imminent, serious physical harm and includes any attempt or actual infliction of physical harm.

Money collected for rescue will be used toward the direct costs in rescuing dogs, for public education and the reasonable reimbursement of phone calls etc. by persons conducting rescue business.

You agree to indemnify, defend and hold harmless Tamarindo Diving Center, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

He cited Mr Justice Wilkie in Sanders v Kingston [2005] EWHC 1145 (Admin), [2005] All ER (D) 12 (Jun) in connection with the term «with respect»: «That is a concept, particularly when it describes the conduct of an official to others, which is perfectly capable of being applied by a reasonable person considering a course of conduct so as to enable that person to know what they are doing, or about to do, would or would not comply with the Code in that way.»

64 (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant.

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

Section 6 (1) of the MVDA states that an applicant (salesperson and / or dealer) that meets the prescribed requirements is entitled to registration or renewal of registration by the registrar unless, (a) the applicant is not a corporation and, (ii) the past conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds for belief that the applicant will not carry on business in accordance with law and with integrity and honesty, or (ii) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for registration or for renewal of registration.

stated that it «must ascertain whether the domestic courts conducted an in - depth examination of the entire family situation and of a whole series of factors, in particular of a factual, emotional, psychological, material and medical nature, and made a balanced and reasonable assessment of the respective interests of each person, with constant concern for determining what the best solution would be for the

In the case of R. v. Roy, the Supreme Court of Canada found that the trial judge erred in law by inferring from the fact that Roy had committed a dangerous act while driving that his conduct displayed a marked departure from the standard of care expected of a reasonable person in the circumstances.

In determining whether a driver was sufficiently careful, the law compares the driver's conduct with the behavior expected of a reasonable person.

«Having considered the decisions, the writings and the various aspects of the public interest which claim attention, I have come to the conclusion that the court should state the relevant principle as follows: a document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of litigation, at the time of its production in reasonable prospect, should be privileged and excluded from inspection.»

(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and

The opinion concludes that requiring a student to misuse Lexis or Westlaw as described above — or knowing of such a violation and failing to take reasonable remedial actions — is a violation of Rule 5.3 of the Rules of Professional Conduct, pursuant to which a lawyer with supervisory authority over a non-lawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer.

(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

(a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer;

Judges should refrain from conduct such as membership in groups or organizations or participation in public discussion which, in the mind of a reasonable, fair minded and informed person, would undermine confidence in a judge's impartiality with respect to issues that could come before the courts.

Judges should refrain from conduct that, in the mind of a reasonable, fair minded and informed person, could give rise to the appearance that the judge is engaged in political activity.

Under Model Rules 5.1 (c) and 5.3 (c), a lawyer is responsible for the conduct of another person — lawyer or nonlawyer — in the firm if either (i) the lawyer ordered the conduct or knowingly ratified the conduct, or (ii) the lawyer, in a partnership or managerial role, or with «a direct supervisory authority,» knew of the conduct at a time when its consequences could have been avoided or mitigated but failed to take reasonable remedial action.

You agree to indemnify, defend and hold harmless our Bitland Blockchain Land Registry in Ghana website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.

You commit an assault when you engage in conduct that places another person in reasonable fear of a battery.

(b) if the attendance of the insured person is required at the examination, the insured person shall attend the examination and submit to all reasonable physical, psychological, mental and functional examinations requested by the person or persons conducting the examination.

To determine whether the implied representations arose, the court considered what a reasonable person in the position and with the known characteristics of PAG would have inferred from RBS's words and conduct taken in context.

To decide whether a driver was careful enough, their conduct will be compared to what kind of conduct would be expected of a reasonable person.

The test, I believe, is objective: it is whether the conduct of the manager was such that a reasonable person in the circumstances should not be expected to persevere in the employment.

[20] The court went on to define recklessness as an act performed while knowing or having reason to know of facts which would lead a reasonable person to realize that his or her conduct creates an unreasonable risk of physical harm to another and that such risk is substantially greater than that which is necessary to make his conduct negligent.

Would a reasonable person have known that their conduct created an unjustifiable risk of harm?

«We generally hold that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.»

A fine balance is to be drawn by judges who are expected both to conduct the process effectively and avoid creating in the mind of a reasonable, fair minded and informed person any impression of a lack of impartiality.

NAF Comment: A key part of the legal test for unprofessional conduct is the whether the conduct lowers the reputation of the profession in the eyes of a reasonable and informed person.

In practice the judgment of the Lords reaffirms the status quo as propounded in R v Board of Trustees of the Science Museum [1993] 1 WLR 1171 and R v Associated Octel Co Ltd [1994] 4 All ER 1051, 1063a, where, in the latter case, the allegation was that there had been a contravention of s 3 (1), Lord Justice Stuart - Smith said: «If there is a risk of injury to the health and safety of the persons not employed by the employer, whether to the contractor's men or members of the public, and, a fortiori, if there is actual injury as a result of the conduct of that operation there is prima facie liability, subject to the defence of reasonable practicability.»

Notwithstanding that, it is common ground that a term of imprisonment is necessary to adequately denounce Mr. Kazenelson «s conduct and to deter other persons with authority over workers in potentially dangerous workplaces from breaching the legal duty set forth in s. 217.1 of the Code to take reasonable steps to prevent bodily harm from befalling those workers.

Provides that where a person is charged in respect of conduct that is an offence under the Sexual Offences Act 2003 (SOA 2003) and was an offence under one of the repealed offences listed in sub-s (2), and the only thing preventing the person being found guilty is that it can not be proven beyond reasonable doubt whether the conduct took place before or after the commencement of SOA 2003, then it shall be conclusively presumed for the purposes of determining the guilt of the defendant that the conduct took place at a time when the offence in respect of that conduct carried the lower penalty in terms of a custodial sentence which could be imposed on conviction of the defendant.

(a) a partner and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer; and

(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer.»

``... before there can be a finding of dishonesty it must be established that the defendant's conduct was dishonest by the ordinary standards of reasonable and honest people and that he himself realised that by those standards his conduct was dishonest.»

Section 1 (6) of RCA 2016 adopts the definition of «riot» in s 1 of the Public Order Act 1986, namely: «Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.»

The inquiry is contextual: the reasonable person considers the judge's impugned conduct, comments, or extrajudicial activities in light of the entire trial.

Judges should make every effort to ensure that their conduct is above reproach in the view of reasonable, fair minded and informed persons.