Sentences with phrase «duty owed»
The lawyer must put the client first, even to his or her own detriment, that is the nature of the fiduciary duty owed by lawyers to their clients.
otlablog.com
A duty of loyalty is one of the most fundamental fiduciary duties owed by an agent to his principal.
General negligence involves the general breach of duty owed to another resulting in injury.
Maintaining privilege is a legal duty owed to the client.
This position requires an individual to be very alert when on duty owing to the nature of the job.
Domestic animals, it is argued, should be regarded as full citizens with legal rights and complex sets of positive duties owed to them.
Specifically, the course will examine the concept of ethics, discuss the benefits of acting ethically, and examine the ethical duties owed by real estate professionals.
The review's findings do not necessarily take the professional duty owed to a solicitor's client any further forward.
The change to the definition of worker to include the above classes of unpaid learners means that employers now owe these unpaid learners the same duties owed to workers.
The law surrounding duties owed by professionals to their clients is constantly evolving, making the need for high quality professional negligence advice essential.
The «utmost duty of care» is higher than the ordinary duty owed by the bus company to drivers of other vehicles and pedestrians.
In assessing risk, it's crucial that you keep in mind the statutory and ethical duties owed to parties in a real estate transaction in your state.
To that end, the majority of the book is spent examining the multiple ways animals and humans form communities and draws out implications for the kind of rights and duties owed in each kind of community.
In other words, in its infancy, the bad practice of lawyers was a concept involving such matters as procedure, decorum, respect, and deference — not breach duties owed to the client.
The role of the LIT is similar to a referee; the LIT's statutory duties owed to both creditors and the administration of the consumer proposal process prevent them from acting as a financial advocate for a consumer struggling with overwhelming debt.
(The duty of good faith being a duty to the good faith in the performance of the contract as agreed by the parties, and not a general duty owed to the other party).
REALTORS ® shall not, however, be obligated to discover latent defects in the property, to advise on matters outside the scope of their real estate license, or to disclose facts which are confidential under the scope of agency duties owed to their clients.
Introduction Essentially this case involves the conventional distinction between proceedings in the Administrative Court and proceedings in the Court of Protection and reminds us of the sometimes fraught interface between the public law duties owed by a public authority, in this case the NHS, and the statutory duties of the Court of Protection in a private law context around best interests for incapacitated people.
There is censure for the more overt sins of the flesh and transgression of conventional moral codes, and sinners are called to repentance for unchastity, drinking, lying, stealing, swearing, cheating one another, and neglecting duties owed to God through the Church.
Michael Novak argues persuasively that the American founders premised rights upon duties owed to the Creator, and that our political institutions and freedoms are endangered by our cultural elites who have redefined our rights tradition («Constitutionally Catholic,» February).
The rationale for the law handling these matters in such a way is so that the Courts can impose and enforce duties owed between the owner and the finder.
The principal duties owed to clients are well known: commitment, confidentiality, candour and competence.
as the lawyer in the middle of these discussions, you may be faced with the question of what duties you owe and to whom.
As framed by the Court, the issue presented was «whether the Languages Act is ultra vires or inoperative insofar as it abrogates a constitutional duty owed by Alberta to enact, print, and publish its laws in English and in French.»
It it occurs to me that this vision of advocacy — the lawyer as champion, resolutely engaged in battle within the confines of an obscure chivalric code — is perhaps incompatible with the broader duties owed by counsel in the context of family law disputes.
This obligation is viewed by the courts as an absolute duty owed to the seamen in service to the vessel.
Steven P. Roberts Injury Lawyers provides legal representation to individuals who have endured psychological or physical damage due to the failed duties owed by another person, a company, a government agency or other organization.
The Court of Appeal drew a clear distinction in MK between procedural irregularities at an investigative stage, and at an adjudicative stage, noting that, «It is well established that duties of fairness at the investigative stage are qualitatively lower than duties owed at the adjudicative stage», and that «errors at the investigative stage can be corrected» during the adjudicative process.
Once again, this new version of rules and regulation fails to address the constitutional / charter duty owed by the profession to «protect and defend Her Majesty's Letters Patent».
In Omar v Birmingham City Council it was argued that the full housing duty owed to the appellant under s 193 (2) of the Housing Act 1996 (HA 1996) could only be discharged by the refusal of suitable permanent accommodation if the offer expressly stated that the offer was a final offer for the purposes of part 6 of HA 1996.
It's known as seller representation at the negotiating table vis a vis the fiduciary duty owed contractually to his / her seller via the listing contract.
«If we don't know the basics of how to price properties, we can't do one of the fundamental duties we owe our clients.»
I realized that we have not written extensively on the legal duties owed by pedestrians and cars in Georgia and this post and the new section on the firm website will address those issues.
He argued that the application judge erred in finding that he was not a beneficiary of the Local 1059 Benefit Trust and in failing to hold that the MacKinnons breached fiduciary duties owed to him
[10] Duties owed to a former client, as reflected in Rule 3.4 - 10, can impair client representation and loyalty.
In Parahoo v. Mancini, the Ohio Court of Appeals made it clear that in Ohio, the property disclosure duties owed by a licensee to a buyer can be very different, depending upon whom licensee represents.
The various functions that failed were integral to the positive duties owed by the Ministry of Justice.
In light of the statutory duty owed to children under the Borders, Citizenship and Immigration Act 2009, s 55 and the obligation owed by member states under the Charter of Fundamental Rights of the European Union, art 24.2 her Ladyship opined:
The government could, without being in breach of any private or public law duty owed to the shareholders, have withdrawn its financial support; if it had done so, the company would have gone immediately into administration, and the shares would have had the value that would be attributed to them under the compensation scheme.