Sentences with phrase «duty owed by»

The Agency cases from this period address issues that we frequently see in this context, such as whether an agency relationship existed, whether a licensee was an employee or independent contractor, whether a broker could be liable for the negligence of a licensee, and the duty owed by a licensee.

The court found that the transaction broker statute «unequivocally replaces the fiduciary duty owed by real estate brokers at common law with a more narrowly defined set of statutory duties.»

In Kubinsky v. Van Zandt REALTORS ®, the Court of Appeals of Texas addressed the duty owed by a listing agent and a broker regarding defects in property.

In this decision, the California Supreme Court considered the duty owed by a listing broker to the buyer when the broker is acting as a dual agent.

In Wagner, the Montana Supreme Court addressed the duty owed by a dual agent in a real estate transaction.

However, Justice Horkins found they were unable to demonstrate that the police owed them a private law duty of care in this manner based on the pleadings, which did not claim «a duty owed by a specific police officer to a putative class member.»

The duty owed by a landowner or possessor of property to you is largely determined by your status as a visitor on the land.

This is positive for premises owner defendants in take - home asbestos cases in the sense that Justice Aldrich did not create a Court of Appeals split on the issue of the duty owed by premises owners to take - home plaintiffs, but as the Beckering Court noted, the issue will not be resolved with any certainty until the California Supreme Court makes its decision.

However, although the respondents pleaded the existence of an ad hoc fiduciary duty owed by Roberts to Shnaider and Shyfrin, the trial judge made no factual findings that such a duty arose in the circumstances.

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.

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».

(1) The nature, extent and scope of any duty owed by the Defendants to the Claimants and whether such duty was discharged in the circumstances of the case

The British Columbia Court of Appeal held in Forshaw v. Aluminex Extrusions Ltd. 7 held that the duty to mitigate is not a duty owed by the dismissed employee to the employer to reduce the amount claimed but a duty to take reasonable steps in the dismissed employee's own interests.

[32] The simple act of dismounting from his bicycle and walking it past the vehicle would transform Mr. Ormiston from a «motorist» to a pedestrian, permitting different conclusions in respect to the duty owed by the driver.

Premises liability refers to the duty owed by the property owner to the visitor.

The Court also unanimously agreed with the Ontario Court of Appeal in its findings on the existence of a fiduciary duty owed by Indalex as administrator of the pension plans, and on Indalex's breach of that duty.

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.»

The authorities suggest two related elements — a fiduciary duty owed by the Crown to Aboriginal people when dealing with Aboriginal lands, and the right to encroach on Aboriginal title if the government can justify this in the broader public interest under s. 35 of the Constitution Act, 1982.

If the personal injuries are sustained on someone else's property, the duty owed by the defendant landowner to the plaintiff depends upon the plaintiff's status on the land.

But slashing the duties owed by millionaires on unearned income will make it politically harder to sell the severe and unpleasant structural tightening for which — if they are a successful administration — they would be remembered.»

According to Serjeants Inn Chambers, the chambers of counsel for ARB, the case is the first wrongful birth claim founded on breach of contract rather than clinical negligence, and is a landmark case on the duties owed by IVF clinics.

For example, under the «residual policy consideration» criterion, a court should ask whether there is «potential for conflict between a duty of care in negligence and other duties owed by» the government, such as, «duties [owed] to the public at large.»

In the recent case of Meridian Credit Union Limited v Baig, 1 the Court of Appeal considered the duties owed by various parties to be honest and to not mislead each other during the course of real estate transactions.

Secondly, the Supreme Court made it clear that the duties owed by auditors will very much be defined by the scope of their retainer — i.e. an auditor's opinion given for a limited purpose can not be used to found liability when used for purposes other than that for which it was intended.

Important Court of Appeal decision on extent of duties owed by reinsured to reinsurer.

As this appeal is the first involving the Act to reach this Court and as several provinces have similar statutory regimes, it is important to clarify the scope of the duties owed by occupiers to their visitors.

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.

Those legal issues largely turned on the application of OLA 1957, which sets out the core duties owed by occupiers to their lawful visitors.

She also draws on her background in commercial litigation to represent employers in cases that involve employee theft of trade secrets, non-compete agreements, defamation, fraud, business interference and violations of the fiduciary duties owed by an employee to his / her employer.

The duties owed by a legal owner of land, and an occupier who exercises control over the land, are the same.

The main aim of modern UK insolvency law is to rescue the company and this is reflected in the duties owed by insolvency practitioners such as company administrators.

There has been a lot of debate over what adverse effects alternative business structures and ownership models will have on the core values of the legal profession, including lawyer independence, client confidentiality, and the duties owed by lawyers to a client — particularly the duty to avoid conflicts of interest.

[108]... There is nothing inconsistent with a finding of a private law duty of care owed to individuals in a particular situation and the existence of the public duties owed by Health Canada under the legislation.

The court first examined the duties owed by the Broker to the Buyer under the state's license law.

In Quechee Lakes Rental Corp. v. Boggess, the Supreme Court of Vermont addressed the duration of the fiduciary duties owed by a broker to a seller.

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.

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.

It appears you're either not versed in the Listing Authority or Buyer Representation Agreement or just confused about contracted services in addition to the obligatory fiduciary duty for nowhere do these create anything other than common law agency, and the extended REBBA 2002 duties owed by the brokerage to the client.

Not exact matches

«We've sought to harmonize the actual duties that are owed» by brokers and investment advisors, Clayton tells lawmakers.

Shkreli owed Retrophin a duty of loyalty by virtue of his position as Retrophin's President or CEO and as a member of the Board.

Importers owe about $ 16 million from 2011 alone due to a reassessment of customs duties, according to a memo from the Canadian Border Services Agency, released under the Access to Information Act and obtained by The Canadian Press.

This case turns on the duty of integrity owed by Barclays to its clients.

duty is owed other than those duties which were assigned by God and the Prophet.

We worshipped moon and sun, comets, the circling stars, Venus and bloodstained Mars, ignorant of our duty owed to the unnamed one, kindler of every beauty and fire by which we find the hand, the designing mind of heaven's artisan....

That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural and unalienable right to the free exercise of religion according to the dictates of conscience, and that no particular religious sect or society ought to be favored or established by law in preferrence [sic] to others.

There will always be times when we would prefer other modes of expression but we need to bear in mind that the liturgy is a duty laid on us by the Church, and not some individual devotion; we owe it to the Church to carry it out as obediently as we can, and put our own preferences to one side, as Newman did.

Human rights have recently been extended far beyond their earlier connotation as duties «owed» to individuals by a national government or, at least, by the community.

And whereas, it is the duty of nations as as well as of men, to owe their dependence upon the overruling power of God, to confess their sins and transgressions, in humble sorrow, yet with assured hope that genuine repentance will lead to mercy and pardon; and to recognize the sublime truth, announced in the Holy Scriptures and proven by all history, that those nations only are blessed whose God is the Lord: And, in so much as we know that, by His divine law, nations, like individuals, are subjected to punishments and chastisements in this world, may we not justly fear that the awful calamity of civil war, which now desolates the land, may be but a punishment inflicted upon us for our presumptuous sins, to the needful end of our national reformation as a whole People?

«Religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence.

In the historical frame of the last 230 years, the current proposal by the WA government to remove basic services and infrastructure support from some remote Aboriginal communities is, whatever the rhetorical and «pragmatic» justifications, yet another dispossession of both people, and the country to which they belong and owe the duty of custodianship.