Sentences with phrase «duty under a judgment»

Perhaps the custodial parent has assumed great debt to support the family during the marriage; perhaps the custodial parent has a legal duty under a judgment or separation agreement to support another person.

Not exact matches

Under the «business judgment rule,» courts (in Canada, the US, the UK, and elsewhere) are generally reluctant to tell a corporation's board of directors that they've failed in their duty of care vis - a-vis shareholders, because the court lacks the competency to do so.

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.»

Under professional duty journalists pass moral judgment of the phenomena involved in the public interest on behalf of society.

Caroline is instructed in a wide range of commercial and chancery disputes including: general contractual disputes; civil fraud; breach of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance; enforcement of foreign judgments; mortgage fraud and claims concerning undue influence.

There's a wealth of interesting and essential material here: a restatement of the directors» fiduciary duty to the corporation, and the extent to which consideration of other stakeholders» interests may enter into that duty; the «business judgment» rule; the obligation of a court in approving an arrangement under s. 192 of the Canada Business Corporations Act and the test to be used; and the nature of the s. 241 oppression remedy and the interests protected.

The Committee also recommended in its Recommendation # 5 that the governments of the Commonwealth, States and Territories be under a statutory duty to disseminate legislation and judgments.

Her continued stance that she was under no duty to do reveal the relationship or that it posed a problem called into question her judgment as a head teacher which opened the way for the school to dismiss her.

He was instructed for the preference shareholders in the Barings Litigation; Law Debenture Trust Corporation Plc v Elektrim Finance NV and Ors (termination of trust bond under Saunders v Vautier rule); advised a major rock group (Queen) on a shareholder dispute; been instructed in respect of shareholder disputes in the Cayman Islands and the British Virgin Islands; recently advised on two separate schemes of arrangement under s. 425 of the Companies Act; recently appeared in the Turks & Caicos Islands on multi-million dollar breach of director's duties; acted in the US$ 3bn shareholder dispute between Telenor East and Vimpelcom and Altimo Group; acted for bank seeking to recover US$ 200m in VTB v Nutritek (Supreme Court judgment).

Obtaining summary judgment and dismissal of a claim for benefits under an ERISA - regulated employee welfare benefit claim over assertions of conflict of interest and breach of fiduciary duty.

Under Thai law and guidance from Thai Supreme Court judgments, there is generally an implied duty imposed on employees to protect the confidentiality of the employer in respect of the employer's business and know - how.

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.

It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguards.

The judgment is an evolved and enlightened reassessment of the implementational duties of the right to counsel under section 10 (b).

Delivering judgment, Lang J said «the Council did not conduct the rigorous analysis and consideration required in order to satisfy the «due regard» duty under s 49A of the Disability Discrimination Act 1995, principally because it did not gather the information required to do so properly».

He also chewed out Makhnevich in a default judgment, finding her actions to be unconscionable and a breach of fiduciary duty, and ruling that Lee's commentary couldn't be defamatory under New York state law.

(14) Imposing, and authorising a Protector to inflict summary punishment by way of imprisonment, not exceeding fourteen days, upon aboriginals or half - castes, living upon a reserve or within the District under his charge, who, in the judgment of the Protector, are guilty of any crime, serious misconduct, neglect of duty, gross insubordination, or wilful breach of the Regulations;

Donnelly v. Margolis (265 A.D. 2d 523)- summary judgment dismissing owner's complaint against real estate broker and its agent affirmed; no obligation to act as a legal advisor to the owner regarding relevant provisions of the Town Code and had no duty to investigate the prospective tenants to ascertain their suitability under the Town Code; obligations of broker and its agent were satisfied when they produced ready, willing and able tenants with whom owner executed a rental agreement

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment

The clause stated that A.M. «shall not be liable to Owner for any error in judgment, nor for any good faith act or omission in its performance or attempted performance of its duties or obligations under this Agreement.»