Sentences with phrase «defendants liable»

If you conclude that the actions of the CBC did not breach any laws, were not actuated by malice, or did not fall outside the scope of responsible communication, there would be no basis upon which you can find the CBC defendants liable for invasion of privacy.

494 found all five defendants liable and awarded damages of $ 4...

When governmental immunity applies, many states will hold ordinarily immune defendants liable only if the defendant is found to have been guilty of gross rather than simple negligence.

Strict liability claims allow a plaintiff to hold certain defendants liable for a victim's injury or death without the necessity of proving negligence on the part of any of the defendants.

Courts have therefore held the defendant liable on the basis that he materially contributed to the risk of the injury.

Was the defendant liable for the damages you sustained?

The first part of the decision finds the defendant liable for the infringement of two wireless patents granted by the European Patent Office and valid in Germany.

To hold a defendant liable for your collison, you will be required to prove that his or her negligence caused the crash.

The judge found the first defendant liable, but held that the second defendant was not vicariously liable for his act.

In finding the Defendant liable for damages caused in a «no - impact» incident Madam Justice Dillon provided the following reasons:

Negligence is a legal cause of action which holds a defendant liable for injuries that occur as a result of his failure to act reasonably given the surrounding circumstances.

[35] In result, I find the defendant liable for the plaintiff's injuries.

(a) that the Claimants contracted with the Defendants to purchase package holidays at the Club Aguamar Hotel and stayed at the Club Aguamar Hotel between the dates set out in the schedule to the order, and (b) that the Claimants suffered gastric or other illness of various durations, and / or personal injury, and / or distress, inconvenience, loss and damage as a result of improper performance of the provision of services under the holiday contract, in respect of which the Claimants hold the Defendant liable (i) under the Package Travel, Package Holidays and Package Tours Regulations 1992, and / or (ii) by reason of breaches of the said contracts of various dates for the provision of holidays, made in writing, and within the jurisdiction of this Court, and / or (iii) by reason of the Defendant's negligence during the said period, and / or (iv) by reason of the Defendant's misrepresentations made on various dates and inducung the Claimants to enter the said contracts for the provision of holidays.

Or, the judge may simply tell the jury, «You may listen to these two songs, and find the defendant liable if you find them to be substantially similar to the extent that it is more likely than not that the defendant copied the plaintiff.»

But could you explain how exactly a plaintiff could prove that a defendant was a factual but for cause of her particular injury, and the Court would hold the defendant liable for materially increasing the risk based on clements language?

The jury can consider that information and find the defendant liable.

Only if the court finds the defendant liable, will the second phase take place.

Such a result would fundamentally change the law of negligence and sever it from its anchor in corrective justice that makes the defendant liable for the consequences, but only the consequences, of his negligent act.

This makes sense because it is unfair to hold a defendant liable for a knowingly or recklessly made false statement when there is more than one reasonable interpretation of the applicable regulation and the government failed to communicate its interpretation.

The plaintiff can not expect to hold a defendant liable for costs incurred if the plaintiff did not reasonably attempt to mitigate damages.

Permits the jury to set the amount for punitive damages if, in the first stage, the jury finds a defendant liable for punitive damages.

Separation of distinct and divisible injuries is not truly apportionment; it is simply making each defendant liable only for the injury he or she has caused, according to the usual rule.

Not exact matches

The prosecution said the defendants acted contrary to sections 18 (a) and15 (2)(d) of the Money Laundering (Prohibition) Act 2011 and are liable to punishment under Section 15 (3) of the same Act.

«The matter was not instituted as a criminal suit, a court can not go on a voyage of discovery to fish for facts to grant equitable remedy when the respondent averred that he had defendants and was ready to return the money if found liable at trial after his tenure.

If the defendant fails to appear in court, the bonding company is liable for the full amount.

Following some lengthy analysis of the facts and the previous decisions in the case, the district court «concludes that defendants are liable for breaching their fiduciary obligations and are liable beginning on August 16, 2001 — or for three funds the later date institutional share classes become available — for the actual loss in excessive fees paid and for the lost investment opportunity of this breach.»

In 1975, the defendants were found liable for negligence and conflict of interest, were removed as executors of the Rothko estate by court order, and, along with Marlborough Gallery, were required to pay a $ 9.2 million damages judgment to the estate.

The plaintiffs assert claims for nuisance, and allege that the defendants have acted in concert and are jointly and severally liable for the plaintiffs» damages.

BUT IF there was a conspiracy, then the defendants would be liable for future damages also, which is not ordinarily allowed.

«It is undisputed that Defendants did not control the fossil fuels at the time they allegedly created the nuisance — i.e., when they were combusted — and thus can not be held liable...

A defendant may be liable under a vicarious liability theory if the plaintiff demonstrates «(1) direct infringement by a primary party, (2) a direct financial benefit to the defendant, and the right and ability to supervise the infringers.»

802.1 Despite subsections 800 (2) and 802 (2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province.

It ensures that a defendant will not be held liable for the plaintiff's injuries where they «may very well be due to factors unconnected to the defendant and not the fault of anyone»: Snell v. Farrell, at p. 327, per Sopinka J.

If the defendant is also a child (defined as under 18) the parents of that child are not jointly and severally liable unless the parent directly participated in the distribution of the intimate image without consent.

A good truck accident attorney will have knowledge of the law and the experience to make sure that all liable parties are named as defendants in your lawsuit.

Besides an injury, the plaintiff must establish, through evidence, that the defendant is legally liable for his or her injuries.

If such claims are successful the defendant can be forced to stop using the relevant trade mark and may also be liable to pay the claimant damages or an account of its profits, as well as legal costs.

If a defendant dog owner can establish that there was a sign outside the enclosure where the dog was held, displaying the words «Bad Dog,» anyone injured by the dog can not hold the owner liable.

No Prejudice In Arguing All Defendants Should Be Liable / Failure to Claim Tort of Another Fee Damages At Trial Dispositive Against Fee Petitioner.

Although indemnity exposure to a nonsettling defendant is certainly a factor to be gauged in the good faith determination calculus, PacifiCare could not recover fees under Health and Safety Code section 1371.25 given that the statutory provision's first sentence prevented plaintiffs from holding PacifiCare vicariously liable for Bright's conduct or for recovering the attorney's fees PacificCare incurred in its defense of plaintiffs» claims.

The plaintiff also filed a lawsuit against FedEx, arguing that they were directly negligent and vicariously liable for the co-driver's (defendant's) negligence.

If the city or county contracted with a private party to maintain the roadway and failed to do so properly, you might have private and public defendants as potentially liable parties.

It occurs most often in cases in which the jury believes a criminal defendant is guilty or a civil defendant is liable, but the jurors do not want to hold the person responsible.

A defendant will be liable for trespass if he or she enters the plaintiff's property without the plaintiff's consent and interferes with the landowner's exclusive right to use the land.

The final agreed judgment in the matter found the ex-director liable for misappropriation in the sum of # 250,000 and that the Defendants pay the Claimants» costs of the proceedings.

Plaintiff (or a co-defendant) might argue that the relationship between the negligent driver defendant (or his employer) and the contracting entity (either a «private carrier» or a customer) was such as to create an agency relationship, rendering that entity liable for the acts of the negligent driver, as its agent.

In any tort action, a defendant shall not be liable if the injured person assumed the risk of injury or harm to property.

If the defendant in a wrongful death lawsuit is found to be liable, damages awarded to the victim's family may include:

A jury found defendant insurance broker liable to plaintiff art gallery owner for damages resulting from an insurance carrier's denial of a dealer fine art policy claim after plaintiff sued insurer and incurred fees in pursuing insurance coverage.

The defendant can be held liable as a result of either the actions that are taken, or the actions that are not taken.