The most notable factor the judge considered in
his finding of liability on the part of the defendant was that three of the tires on the defendant's vehicles were in poor condition and the defendant did not have snow tires installed on her vehicle.
Upholding the judge's
finding of liability on the 93A clam, the Appeals Court held that the former employer - employee relationship between the plaintiff and the individual defendant «does not stand as a bar» to the chapter 93A claim and that his conduct was «actionable independent of his contractual obligations.»
Dr. Johnston appealed
the finding of liability on the issue of causation only.
Not exact matches
The EU wants to agree first
on the U.K.'s financial and budgetary
liabilities — the so - called Brexit Bill — as well as
finding a mutually agreeable resolution to the issue
of the Irish border, and some concrete confirmation
of the future rights for EU citizens» living in the U.K.
Startups rely
on the intermediary
liability protections
found in Section 230
of the Communications Decency Act to innovate and create new ways for people to communicate.
«The IRS offers no explanation as to how the IRS can legitimately use most
of these millions
of records
on hundreds
of thousands
of users; instead, it claims that as long as it has submitted a declaration from an IRS agent that the IRS «is conducting an investigation to determine the identity and correct federal income tax
liabilities of United States persons who conducted transactions in a virtual currency during 2013 - 2015» the Court must
find that the Summons does not involve an abuse
of process.
The pathological approach has, besides its assets, also a serious
liability, and that is an exaggerated emphasis
on the morbid manifestations and
on the lower aspects
of human nature and the consequent unwarranted generalized applications
of the many
findings of psychopathology to the psychology
of normal human beings.
On today's game - even the side we put out today should have been more than enough to take care
of a side with relegation written all over them.Mustafi is looking a
liability in every game and Xhaka will never be a dominant midfielder.As for Wilshere he looks like a player who probably
found his true level at Bournemouth last season.Koliasnac is not the player he looked earlier in the season probably down to the «Coaching» he now gets at the club.
While no
finding on criminal or civil
liability is permitted, the coroner has the power to investigate «any acts or omissions which directly led to the cause
of death.»
Did Conte explain how he stumbled
on the back three formation for Chelsea just because he had to
find a way
of not playing the emerging
liabilities, Ivanovic and Terry?
Of nearly 1,500 reported cases of injuries suffered on Chicago Park District properties last year, for example, only four resulted in court settlements or findings of park district liability, said park district Treasurer Jack Mathew
Of nearly 1,500 reported cases
of injuries suffered on Chicago Park District properties last year, for example, only four resulted in court settlements or findings of park district liability, said park district Treasurer Jack Mathew
of injuries suffered
on Chicago Park District properties last year, for example, only four resulted in court settlements or
findings of park district liability, said park district Treasurer Jack Mathew
of park district
liability, said park district Treasurer Jack Mathews.
Their
findings were unequivocal, revealing that equipping officers with naloxone does not raise their risk
of being
found legally
liability for their
on - the - job actions.
Respondent neither admits nor denies ORI's
findings of research misconduct; the settlement is not an admission
of liability on the part
of the Respondent.
If any part
of this limitation
on liability is
found to be invalid or unenforceable for any reason, then the total
liability of the Endocrine Society and its licensors shall not exceed ten dollars ($ 10).
In this episode, Steve covers a variety
of topics including
finding your international reviews, if the Author Follow button works, media
liability insurance, formatting, and putting a product
on Udemy.
Considering the loss that Amazon is taking
on each
of these, basically betting that they'll be able to make a profit off them at some unspecified point in the future (after a few hardware interations, after they've driven competitors out (which is unlikely at this early in the tablet market, etc), Amazon is going to
find that it's a bigger
liability then an asset.
Also
on your Oak Run Manor renters insurance, you'll
find that you have two types
of coverage for things that don't really rise to the level
of liability claims, but still need to be handled.
Liability coverage
on your policy is what you're looking for if you want to
find coverage,
of course, so let's presume that the damage was a result
of your negligence and further that it's above and beyond normal wear and tear that could be expected by your landlord.
Liability coverage is one
of those things that is often costly and difficult to
find on its own, but it's easy to get as part
of a package policy.
Speaking
of theft, if you
find unauthorized purchases
on your account, you'll be covered by zero
liability protection.
If you plan to rent a car while
on vacation,
find out what kind
of collision, comprehensive and
liability coverage you have
on your policy.
If,
on the other hand, you're one
of the millions
of Americans who
find themselves underwater
on their home values, and your mortgage has become a financial albatross that you can no longer afford to carry, filing for bankruptcy gives you the right to surrender the property and walk away with no
liability for a deficiency judgment.
According to Alexi Maravel, associate director at Cerulli, the way a particular insurance company is reacting to a likely interest rate hike depends
on its business line: «Life insurance companies, which control the largest amount
of insurance general account assets and have to match long - duration
liabilities with long - duration assets, are making investment adjustments to their surplus assets, while,
on the other end
of the spectrum, we
find health insurers are raising liquidity.»
We
find no basis
on the present record to now include home inspectors within the class
of those subject to that wider
liability.»
Depending
on the company that ultimately writes the policy, you may
find that you have no coverage at all for any kind
of animal
liability.
The Credit One credit cards also offer free credit monitoring to cardmembers, and $ 0 fraud
liability on unauthorized charges — both
of these features, however, are pretty commonplace and can be
found on most other credit cards.
In addition to the standards
of practice, an inspection contract must reflect that state's position
on things like arbitration, limit
of liability and other defensive clauses
found in most inspection contracts.
Sometimes you will see what appears to be a pristine balance sheet
of a company trading below net current asset value, but then come to
find out that they have enormous long term lease commitments which — in my view — should be put
on the balance sheet as a
liability.
Liability under section 9
of the ESA has been
found in cases based
on the issuance
of permits or licenses by a governmental body to a private party in which the authorized activity causes a take
of an endangered species.
In another example
of governmental third party
liability, a court
found that Volusia County, Florida's practice
of allowing vehicular driving
on its beaches was causing a take
of endangered turtles.
There is also a more direct focus
on «boots
on the ground» style combat, reflecting the consequences
of the Black Ops 2 campaign, as after the drone attacks
of 2025 the United States military
found aerial assaults too much
of a
liability.
IF ANY PART
OF THIS LIMITATION
ON LIABILITY IS
FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL
LIABILITY OF DAVID ZWIRNER AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS U.S. ($ 10 U.S.).
More and more politicians will be
finding out that defending green levies
on energy bills is more
of an electoral
liability than doubting dangerous climate change.
Nevertheless, the Court has acknowledged the difficulties
of proof that multi-tortfeasor cases may pose — difficulties which in some cases may justify relaxing the requirement
of «but for» causation and
finding liability on a material contribution to risk approach.
The insurance industry, with decreased vehicle ownership and decreased
liability issues
on the part
of the user, will
find itself cut out
of the equation.
In fact, an insurance company may owe a duty to initiate settlement negotiations if the plaintiff has not done so and «the probability
of an adverse
finding on liability is great and the amount
of probable damages would greatly exceed the coverage.»
In the Sturmer case, a case challenging a local option by - law, the court upheld Chancellor Boyd's order for costs against non-parties who were
found to have put up «a man
of straw» in whose name the litigation would be carried
on so as to avoid anticipated
liability for costs upon dismissal
of the action.
House fires caused by the negligence
of an adult may also lead to a
finding of liability for a child's flame - burn injuries sustained in the fire
on the part
of the adult whose negligence was a cause
of the fire.
AXA UK has launched a report that reveals the scale and impact
of workplace injury compensation claims
on the UK's SMEs,
finding that 24 percent
of SME owners interviewed have had an employee or former employee make a claim against their Employers»
Liability Insurance in the last five years.
Because there is so much
on the line as you attempt to prove the other side's
liability, you'll likely
find that the involved trucking companies, truckers, and insurance companies will try to saddle you, if not a third party, with a substantial share
of the blame.
In the hours after a tractor - trailer accident, insurance investigators working
on behalf
of the trucking company, the driver or the maintenance company are
on the scene looking for any evidence they can
find to limit the
liability of the driver or the companies.
MacIsaac & Company, its lawyers, assistants, contractors and employees shall have no
liability or responsibility for any damages or losses
of any kind whatsoever, whether arising out
of contract, tort or otherwise, relating to or arising from the use or interpretation
of any material or information provided
on this website, or any material or information
found in any links to this website.
However, there is case law from British Columbia which indicates that failure to have winter tires installed
on a vehicle can be a consideration in a
finding of liability in the event
of a motor vehicle accident.
Rhett A. McSweeney is a
Founding Partner
of McSweeney / Langevin, a firm that is focused
on mass torts, medical malpractice, and products
liability.
If a pregnant woman is injured
on someone's premises and the injury is
found to have been a cause
of the death
of the fetus she was carrying, the owner, operator, or manager
of the premises may be held liable under the law
of premises
liability for the death
of the fetus.
A failure to do so may lead to
liability on the part
of an obstetrician if the failure is
found to have been a cause
of your child's stillbirth.
The appellate court agreed with the brothers that the trial court erred in entering summary judgment based
on its
finding that concrete is not defective after
finding that «the caustic properties
of concrete are common knowledge and not subject to
liability.»
The employment tribunal
found that it was not just and equitable to make an order
of apportionment and so awarded
on a joint and several
liability basis against the parties who did not attend the hearing.
In Huck v Robson [2002] EWCA Civ 398, [2003] 2 WLR 1340, (an RTA case), where the claimant made a 95 % offer
on liability apparently purely for tactical reasons and not because
of the realistic likelihood
of such a
finding being made, Schiemann LJ held that:
Second, in view
of the
finding on the
liability phase that the Respondent deliberately touched the four complainants in a way that an objective observer would
find to be sexual and in accepting the complainants» evidence that the touching was, to them, «blatantly sexual» there is no line
of analysis that could reasonably lead the tribunal to conclude that the Respondent's awkward, unskilled and non-empathic manner was a factor in understanding his abusive behaviour or that it could reasonably infer that he was genuinely and completely unaware
of the ways in which his behaviour in relation to his patients was in fact abusive,» said the ruling.