Sentences with phrase «duties under the statute»

There are roughly twenty - two state real estate statutes that contain language expressly permitting a real estate broker to treat their real estate salespeople as independent contractors while simultaneously exercising their mandatory supervisory duties under the statute.

Not exact matches

«Its provisions seek to affirm as a matter of statute that no - one should be under any duty to participate in activities that they believe involve the taking of human life, either in the withdrawal of life - sustaining treatment or in any activity authorised by the 1967 or 1990 Acts.»

Under the new law, surrogacy arrangements are regulated by a statute which states that a «judgment or order shall establish the parent - child relationship of the intended parent or intended parents identified in the surrogacy agreement and shall establish that the surrogate, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children.»

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

Duties that the statute applies to the execution of that power if a district chooses to implement an authorized power that is optional under the terms of the statute; and

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

Technicians in the military or naval service of the United States, United States Department of Agriculture, the United States Veterans Administration or the United States Public Health Service, in the practice of such technical procedures in obedience to the requirements of the laws of the United States, while engaged in the performance of the actual duties prescribed under the appropriate statutes of the United States;

[FN115] Therefore, under the Florida constitution, state statutes, and the FWCC's rules, the FWCC has a duty to take action to protect native animal life in Florida from disease spread by free - roaming cats.

As to the fourth issue, where, as in the instant case, the person concerned was ex-hypothesi disabled and the public authority was discharging its functions under statutes which expressly directed its attention to the needs of the disabled persons, it might be entirely superfluous to make express reference to s 49A of the 1995 Act and absurd to infer from an omission to do so a failure on the authority's part to have regard to their general duty under that section.

While some duties are memorialized by rules and statutes, some fall under a general duty to act safely when driving on the road.

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

Under this statute, the duty of the landowner depends upon the status of the injured party: whether a trespasser, a licensee (for example, social guests at your house) or an invitee (a person on the property for the purpose of conducting business, like a customer in a store).

Bankruptcy petitions — individual voluntary arrangement — setting aside judgment for fraud — estoppel — HMRC's duty of care towards taxpayer under statute and at common law in assessing tax — misfeasance in public office.

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.

However, after determining that separate property and pre-separation community income fiduciary breaches could not give rise to sanctions under Family Code section 1101 and reversing 4 of 16 listed fiduciary duty violations, the Sixth District determined that section 1101 (g), a mandatory fee statute, could not support a fee award as far as the 4 reversed breaches were concerned.

Corporate lawyers in the Los Angeles office also regularly advise trustees and directors of investment funds such as banks, thrift institutions, trust companies, investment advisers, broker - dealers and other institutional investment managers regarding their fiduciary duties under ERISA and state fiduciary statutes.

The attention of the court was directed to this statute at the last term, but counsel having expressed a desire to be heard in argument upon its effect, and the Chief Justice being detained from his place here by his duties in the Court of Impeachment, the cause was continued under advisement.

In the State of Oregon, unlicensed medical assistants may perform routine clinical duties under the Physician Assistant Act, Oregon Revised Statutes, SubSection 677.505.

The court dismissed the fraud and negligence claims under the statute of limitations, but found that the broker breached an implied agency contract under which she, as agent, owed a duty to act in the best interests of the buyer / principal.

The two parties later agreed that the company would act as a transaction broker, under which the brokerage's duties and responsibilities are defined by statute instead of the common law of agency.

The court determined that under Arizona statutes and regulations, a broker's duty to supervise its salespeople relates only to real estate transactions.

Under Georgia law, a landlord can not absolve themselves of statutory responsibilities by hiring an independent contractor and the landlord can be liable if the independent contractor violates a duty imposed by statute.