Sentences with phrase «depends on breach»

Liability depends on breach and so is fault based.

We even wrote an article about the appropriate level of freak out you should have, depending on the breach.

Not exact matches

Equifax said in a regulatory filing that it might claw back some of Smith's compensation for this year, depending on results of the board's investigation into the breach, which the company has said occurred between mid-May and July.

Compromised credentials are one of the main reasons cyber-security breaches occur and that's the problem with depending just on credentials alone.

The other actionable items of your plan will vary depending on the severity of the breach and the information at stake.

Depending on what the breach is, an investigation will likely need to be performed to determine what data may have been taken and whether that triggers any notification requirements.

Additionally, different personnel may need to be on a team depending on the significance of the breach (whether it is at a mid-size or company - threatening level), type of breach (whether computer incursion or insider employee theft) or type of the information at issue in the breach (whether the breach involves social security numbers, credit or debit card numbers, personal health information or trade secrets).

Depending on how a «breach» is defined — $ 1 million per interview she gives to the press?

Whether conduct breaches s. 46 will depend on all the circumstances.

Whether conduct breaches the proposed s. 46 will depend on all the circumstances.

«PASC has previously made clear that the prime minister's adviser on ministerial interests should not have to depend on a referral from the prime minister in order to determine whether or not there has been a breach of the ministerial code,» he said.

«Depending on whether the overflow continues or increases for a significant amount of time, there's a possibility that erosion could progress to the point where the dam could breach.»

During breeding season, which takes place over the winter months, groups of male humpback whales will display for potential mates by singing their famously haunting songs, breaching, and performing a host of other competitive displays that depend on speed, strength and size.

The actual re-identification of medical dossiers, however, is not a crime, although such action might constitute a breach of contract depending on the conditions set by the source of the information.

However, improperly referring to or recycling previous work is a breach of research integrity and, depending on the severity, can amount to research misconduct.

The car may or may not run rough if this happens, depending on the severity of the breach in the gasket.

Depending on the state you're in, a seller may also have grounds to sue you for breach of contract or financial damages incurred from taking their home off the market.

Depending on the time of year, several species of whales can be spotted diving, breaching, and spouting around the islands.

«Dogfighting is the core gametype of the game, of course, but depending on the mission objectives players may engage in long - range missile strikes, close - in missile defense, or even delivering espatiers to breach the hull of an enemy ship.

It depends on a major error by Houghton who used the Schuster - Schwarzchild «two - stream approximation» which is used in astrophysics but breaches the most basic of radiation physics, Poynting's Theorem, which states that the vector sum of all arriving vectors at a point.

Evidence connecting the breach of duty to the injury suffered may permit the judge, depending on the circumstances, to infer that the defendant's negligence probably caused the loss.

Like I said before, attribution is seriously hard but having said that, it depends on post breach and what data has been stolen.

However, the enforceability of such terms then depends on if such term was to be viewed (by a judge) as a condition to the contract or as a mere warranty, each with different effects of breach.

Depending on the view one has over these two intertwined general questions, Achmea can either appear as a logical corollary of EU constitutionalism or as a breach of the EU's commitment to the international rule of law.

Mr Justice Cooke held in Nomura International plc v Granada Group Ltd and others [2007] EWHC 642 (Comm), [2007] All ER (D) 404 (Mar) that it depends on whether the claimant can properly identify the essence of the tort or breach of contract complained of and, if given appropriate time to marshall what he knows, is in a position to formulate particulars of claim.

In my opinion, complaining about working conditions publicly and outside of a unionization context breach the common (and civil) law duty of loyaly that employees owe to their employees and should be grounds for discipline, up to an including termination depending on the severity.

This means that, for any given breach, an organization may assess the «sensitivity» factor differently for tier 1 and tier 2 reporting, but whether the outcome favours disclosure to the Privacy Commissioner over disclosure to the individual will depend on the specific scenario.

On a final note, the court ruled that the plaintiff's state law claims for, inter alia, breach of contract, unjust enrichment, and conversion also failed because those claims depended on an initial finding that the tip money used for other purposes was the property of the employees under the FLSOn a final note, the court ruled that the plaintiff's state law claims for, inter alia, breach of contract, unjust enrichment, and conversion also failed because those claims depended on an initial finding that the tip money used for other purposes was the property of the employees under the FLSon an initial finding that the tip money used for other purposes was the property of the employees under the FLSA.

This precedent suggests that, depending on the particular wording of a restriction on use (if any) contained in the lease, a tenant who lets premises out for short periods may be in breach of the lease.

This is because, depending on the language of your lease, subleasing a room in your house or your apartment could constitute a breach of the lease and, in the worst case scenario get you evicted.

Depending on how your accounts are set up, that could lead to a breach -LSB-...]

Jean - Francois De Rico, a partner with Montreal - based Langlois LLP, said class action cybersecurity cases will likely depend on whether lawyers can find precedent that puts a high price tag on privacy breaches.

The legal solution often depends on the nature of the conflict: it may involve an employment agreement or a work contract, firing or layoffs, psychological harassment, an occupational injury, a breach of labour standards, a non-competition clause or a non-solicitation clause.

While most of the Digital Privacy Act took effect in June 2015, the breach notification sections still aren't in effect because they depend on regulations that the government hasn't yet released.

Many foreign breach notification laws depend on the place of ordinary residence of the individual the breach affects.

Do they also cover other risks the participants may encounter, such as theft of personal property, slips and falls, personal injury resulting from violent clients or allegations of breaching the Human Rights Code, to name a few risks which may be relevant depending on the circumstances?

Appeal Allowing the appeal, Lord Justice Waller held (at [31]--[35]-RRB- that it was implicit in Johnson v Gore Wood [2003] EWCA Civ 1728, [2003] All ER (D) 58 (Dec) that the operation of the no refl ective loss principle depended on the company being able to pursue its claim to full recovery, and that the case did not address the situation where the wrongdoer by breach of duty had disabled the company from pursuing its cause of action.

If Fastcase were allowed to amend its complaint to state a claim based on the period after April 7, Casemaker would respond with a claim for breach of contract that would not be preempted by the Copyright Act, along with a claim for copyright infringement, depending on whether Fastcase copied any Casemaker materials.

Depending on the nature of the harassment the conduct may also be in breach of the Ontario Human Rights Code or the Occupational Health and Safety Act placing the employee at liability under these statutes.

Furthermore, in the context of cybersecurity and outsourcing, the cost of a contractual breach can increase drastically depending on whether the incident occurred in the context of a security breach and the associated reporting requirements,» she writes.

The determination of whether an employee who has been instructed by her employer to transfer to another geographic location is a fundamental breach of the employee's employment contract depends on a number of factors including the specifics of any proposed geographic transfer and whether the employee's employment contract contains an express or implied term of employment that allows the employee's to be transferred.

If a tenant breaks their lease, the landlord can keep all or part of the security deposit necessary to cover the costs associated with this breach depending on landlord - tenant laws in your state.

When a behaviour breaches those expected norms it may be either «unethical» or «uncollaborative» depending on the nature of the behaviour.

At common law, the rule on whether or not a fee for breaching a term of a contract is enforceable depends on whether the fee is a penalty (in which case the fee is not enforceable) or liquidated damages (in which case it is enforceable).

Discipline measures may differ slightly across jurisdictions; however, generally discipline can range from a reprimand to disbarment, depending on the severity of the breach.

Establishing the fault of negligence and a breach of fiduciary duty often depends on established legal and industry standards to demonstrate a divergence therefrom and subsequent fault.

Depending on how your accounts are set up, that could lead to a breach of lots of other accounts.

Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Whether or not you pursue post-graduate qualifications immediately upon graduation very much depends on your individual situation and the industry you want to breach.

Depending on the circumstances surrounding a breach of trust, the steps for reparation may vary.