Sentences with phrase «existence of a legal duty»

Similarly, once a lawyer acknowledges the existence of her legal duties to a regulator — her duty of competence, to avoid conflicts of interest, or to maintain confidentiality — then it will not lie in her mouth to claim that she did not know she had those duties or that she did not understand them.

Castle Rock and Warren denied the existence of a legal duty to specific individuals of performance of law enforcement activity given the specific fact pattern in those cases.

Not exact matches

[25] The Bank submitted the one must assess the legal tenability of the plaintiffs» negligence claims through the lens of the two - stage analysis re-affirmed by the Supreme Court of Canada in Cooper v. Hobart [9] for determining the existence of a duty of care in negligence.

Warnings» content (identical for both warnings) Information relating to: The Internet's subscriber's duty to monitor his Internet access, to ensure that it is not used for any copyright infringement (article L.336 - 3 of the IPC) the existence of securitization measures to prevent a breach of this duty the penalties incurred the legal offer of online cultural content

Instead, the Court held that under Rhode Island law, the existence of a duty of care is determined on a case - by - case basis considering the following factors: (1) the foreseeability of the harm; (2) the degree of certainty of injury; (3) the closeness of connection between the defendant's conduct and the plaintiff's injury; (4) the policy of preventing future harm; (5) the burden to the defendant and consequences to the community in imposing a legal duty; and (6) the relationship between the parties.

Our government, and its lord chancellor, with his statutory duty to uphold the rule of law, should be the first to realise that an independent legal profession and an independent judiciary are both vital elements in the existence of the rule of law.