Sentences with phrase «find breach of the duty»

Notably, the court commented that,» [i] t may be that at trial, the court could find a breach of the duty of good faith and fair dealing but no duty to provide a disclosure document.»

The House of Lords was unable to find breach of the duty of trust and confidence.

The court found a breach of duty in part because the buyer's broker had accepted the deposit check, though he knew, or should have known, that because there were insufficient funds in the buyer's account, the check couldn't be cashed for 10 days.

Not exact matches

Judge slams deception by Hardie board Ten former directors and executives of building materials group James Hardie have been found to have breached their duties by making misleading statements about the firm's ability to pay asbestos compensation, in a decision that has wide - ranging implications for company boards.

Leaving aside materiality — and I guess there's some question as to whether a court would find it material that Jana Partners is building an activist stake, though maybe not much of one — there's no breach of a duty if Jana «officially» decides to leak its information to other hedge funds.

He said the decision found no breach of fiduciary duty, no breach of contract, and no basis for claiming excessive profits.

Generally, courts have found that the mere fact that a serious injury may occur to a student who is playing on play equipment or playing sport at school does not automatically result in a finding that the school has breached its duty of care.

New guidelines were released by Morgan following the High Court ruling that found there had been a «breach of duty» in omitting humanism from the new religious studies GCSE.

Zenna Atkins, chair of Ofsted from 2006 to 2010, has been ordered to pay damages to her former employer, Wey Education, after breaching her duty of loyalty following a power struggle over an academy trust she helped found.

One of the most recent lawsuits the company has found themselves in deals with breach of fiduciary duty from self - dealing within their own company's 401 (k) plan.

Finally I'll leave you with this comment, even if it is a platform for grand standing if the DA's investigations finds evidence that Mann has breached the laws of the land he lives in isn't it the DA's duty to prosecute?

The judge found that H was in breach of his duty to disclose but declined to set aside the order.

In December 2016, the Federal Court of Appeal allowed the appeal of the Governor General in Council and six federal government ministers, after the Federal Court found they had breached their duty to consult the Mikisew Cree on the development and introduction in Parliament of two omnibus bills that reduced federal regulatory oversight of works and projects that might affect the Mikisew Cree's treaty rights.

While this curtails the draconian remedy of avoidance, insurers may find courts more willing to conclude that there has been a breach of this duty, knowing that the consequences for the policyholder will be more proportionate to the breach.

Although Saskatchewan Appeal Court Justice Justice Ralph Ottenbreit allowed McKercher to continue acting for Wallace, overturning a lower court ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way it did.

Lords Justices Hughes, Toulson and Sullivan considered whether the complainant owed a duty to Napier not to reveal the fact the adjudication panel found he acted in breach of the Law Society's conflict of interest rules and decided to reprimand him, or the fact that its findings were upheld by the appeal panel.

These errors of law interact in their effect, and are so basic and pervasive that they undermine all six findings of breach of duty.

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.

The Judge found that the defendant surgeon «chose to provide a liposuction procedure which had been neither requested nor required» and acted in breach of her legal duty to the claimant patient.

Rather, the asserted basis for liability is founded in: Mr. Kelley's alleged unreasonable conduct in physically contacting Mr. Kraft's body in a manner that prevented him from safely exiting the ATV; and Mr. Kelley's breach of a pleaded duty «not to obstruct, delay or prevent Mr. Kraft from exiting the ATV in an emergency situation».

Acted for the Te» mexw Treaty Association intervening at the Supreme Court of Canada with respect to whether the trial judge erred in finding Aboriginal title was established, whether the Crown breached its duty to consult and accommodation, and whether provincial laws of general application apply to Aboriginal title land.

[144] During my detailed review of the dealings among the parties I made numerous findings that various acts or omissions by MNRF were «breaches» of the Crown's duty to consult.

Having found that H had breached the duty to give full and frank disclosure, Charles J carried out the second stage of the exercise, examining whether or not the order made (based on the information disclosed to W and the court) would have been made had H disclosed the job negotiations.

The determination of whether the agreements are unenforceable does not require a finding of breach of fiduciary duty within each lawyer and client relationship.

He found that such conduct constituted breaches of the fiduciary and common law duties of care which the sisters owed to the company, which had been engaged in property development.

There is more to this judgement — including an affirmation of a school board's duty to ensure a safe school environment, a finding that the police breached section 8 and a exclusion of evidence finding — but I'll end this post here in favor of brevity.

For a finding of liability against Mr. Evoy it was necessary to find both a breach of the duty owed to Mr. Vandendorpel and that the breach was a cause of the injury.

The appellate court found that if it accepted this, every plaintiff would win on the issue of whether there was a duty and a breach.

The Court found that the University had therefore breached the implied duty of trust and confidence.

Claims for conspiracy, breach of contract and fiduciary duty and damages of # 2.5 m. Although the individual was found to have breached his contract, he was not ordered to pay any damages to the claimants and he succeeded on his counterclaim for an unpaid bonus and indemnity costs.

Any adult who owes a duty of reasonable care toward a child may be found to have breached that duty of care if the adult fails to take the precautions any person of ordinary prudence would take to prevent a child from sustaining a burn injury of any kind.

The litigation firm, which was brought in by the chain's administrators PricewaterhouseCooper (PWC) earlier in the month, is set to begin looking into the conduct of the Phones4u directors who could be the subject of legal action if found to have been in breach of their duties.

The Commission nationale de l'informatique et des libertés (CNIL — the French privacy authority) has recently found a company in breach of its duty to protect the personal information of its employees because the company used unduly short passwords that were too easy to guess and that were not changed often enough.

He also ruled that the adjudicator had breached his duty of fairness to MacDonald by making negative credibility findings without giving him an opportunity to address his concerns.

The Invercargill City Council has successfully appealed a High Court decision which found that it breached a duty of care owed to a co...

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.

The appellate court upheld the finding that there was enough evidence to establish that Entergy was in breach of its duty of reasonable care for persons on its premises.

On February 22, 2018, Justice Parry found that the officer breached her obligation to inform Mitchell of his right to counsel without delay and breached her implementational duty to facilitate access to counsel at the first reasonable opportunity.

The High Court found that Giambrone was in breach of its duty to the claimants in several respects.

In its ruling, the BCSC found Jin had breached her fiduciary duty when she purchased the 3,000 shares on Aug. 22 after learning of Cameco's offer.

The defendant was also found in breach of its duty following the claimant's return to work.

Again, the judge noted the claimant's reticence about her health problems and found that psychiatric injury was not therefore foreseeable and there was no breach of duty.

The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with their overriding duty not to take advantage of her vulnerability.

When a New Mexico semi-truck accident occurs, a jury can sometimes hold the driver liable and find that the driver of a truck breached a duty owed to an injured person, even if the injured person was violating a law leading up to the collision.

It found that Lambeth had adopted suspension as a default position and it was largely a knee - jerk reaction, which was sufficient to breach the implied duty of trust and confidence.

The Indiana personal injury attorneys at Parr Richey Frandsen Patterson Kruse are committed to finding justice for those who have suffered financially, physically, or emotionally as a result of someone's negligence or breach of duty.

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrDuty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrduty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrduty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

Cassels Brock submitted on appeal that the trial judge erred in his findings concerning the scope of the dealer retainer; by finding that Cassels Brock breached its duties to the class members; in his treatment of the Saturn dealers» claims; by inferring causation; by awarding aggregate damages; and in his quantification of damages.

O2 also argued that in accordance with para 43 (11) of the Hatton judgment, an employer which offers a confidential advice service with referral to appropriate counselling or treatment services is unlikely to be found in breach of duty.

The judge's approach to causation was also appealed as he had considered the matter in loss of a chance terms rather than finding that the breach of duty had made a material contribution to the onset of the illness.