Sentences with phrase «for breach of duty of care»

Would the condo owners be in a position to sue the full Board or individual Board members for breach of duty of care / trust and / or sue the property management company on similar grounds?

Actual cause exists when but for the breach of the duty of care, the injured person would not have suffered an injury.

Not exact matches

«Financial Institutions could face a class action lawsuit... for systemically breaching the fiduciary duty of care by not sufficiently training their advisors.»

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

[34] In Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injury.

Fiduciaries that fail or neglect to manage assets with the utmost care and professionalism can be held liable for breach of trust or breach of fiduciary duty.

A health care professional can breach his duty of care through either an act or an omission — in other words, he can be sued for something he did or something he didn't do.

However, the company then moved for summary judgment, arguing, among other theories, that there were no facts to indicate that the co-driver or FedEx had breached any duty of care that was owed to the plaintiff.

This too is a breach of the duty of care, so both drivers are responsible for the accident.

For example, if a person is driving through a parking lot at a speed of over 20 miles per hour while talking on a cell phone, that person is most likely breaching the duty of care owed to other people in the parking lot.

For an injury claimant to succeed under the Occupiers Liability Act, she must prove on the balance of probabilities that the landlady was an occupier of the premises where and when the accident occurred, that the landlady breached a duty of care owed to the claimant that the landlady's breach caused the claimant's injury, and that the plaintiff suffered a loss.

If the pilot breached his duty of care he may be financially responsible for the victims» injuries.

When a driver breaches their duty of care, they can be held responsible for the damage they cause.

His duty can be so explained, for a doctor can be sued for breach of an express or implied term of contract, which binds him to use due care.

The Claimant must show that the Defendant was in breach of the duty of care; an employer for instance may not have provided proper protective clothing, or there was bullying in the workplace that led to an employee suffering stress at work.

A # 2 - million claim against insurers for breach of their FSA duties of care following a fire to a listed building.

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

As a result of this broadening field of expertise, there is now considerable scope for professional liability in the event that an accountant's duty of care has been breached.

For starters, successfully proving that prison officials breached their duty of care and are liable for injuries can be challengiFor starters, successfully proving that prison officials breached their duty of care and are liable for injuries can be challengifor injuries can be challenging.

In general, this means that the person responsible for the lot breached the duty of reasonable care owed to visitors.

Under this law, a hotel owner and / or operator can be responsible to pay for a victim's damages, including medical expenses, lost wages, pain and suffering, and other economic and non-economic damages, if the hotel or one of its employees was negligent and that negligence caused the victim to get hurt (stated another way, the hotel breached its duty of care to keep its guests safe and as a result of this breach a guest was hurt).

If they have failed to perform their responsibilities to the required standard you may be able to recover damages for any losses you have suffered if you can demonstrate that the professional breached the duty of care and the breach caused loss to you.

Successfully obtained a plaintiff's jury verdict for a minority shareholder of a limited liability company providing care to developmentally - disabled adults in a case involving breach of fiduciary duty, fraud, and trade secret allegations

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.

The plaintiffs argued the RCMP owed a duty of care to other users of the roadway, breached that duty of care, caused the collision and were at least partly liable for the damages suffered.

The law creates a tort by which an organization can be held liable for a death «if the way in which its activities are managed or organized» is a «gross breach of a relevant duty of care owed by the organization to the deceased.»

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

As a result, the plaintiff brought an action against the school board and the principal for breaching their duties of care.

The impetus for Price's series and his underlying article («Enforcement Discretion and Executive Duty «-RRB- comes from several recent American episodes, such as President Obama's decision not to enforce certain provisions of the Affordable Care Act (see e.g. here), the policy not to pursue certain breaches of federal drug laws and the policy not to seek minimum sentences for some drug offences.

With few exceptions, fault for falling asleep at the wheel is always attributed to the driver because it is the most obvious breach of a legal duty to exercise reasonable care.

Third parties can be accountable in civil court for the negligence and even criminal conduct of someone else if they breach a duty of care that in turn allowed the injurious incident to occur.

The Corporate Manslaughter and Corporate Homicide Act 2007 Instead of requiring a grossly negligent «act or omission» on the part of the «controlling mind» of a company (as previously), the Corporate Manslaughter and Corporate Homicide Act 2007 — enacted on 24 July 2007 — seeks to create liability for a company, government departments or police forces if (and only if)(cl 1 (3)-RRB- «the way in which its activities are managed or organised by its senior management is a substantial element» in the «gross breach of a relevant duty of care» — punishable by a fine.

In a consultation published this week, «Manslaughter Guideline Consultation», the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission.

When a water park breaches its duty of care to a guest, it can be held financially responsible for injuries.

Health care providers owe a duty of care to their patients, and when they breach that duty, they are liable for injures caused to their patients.

Nursing homes that have failed in these basic duties have breached the required standard of care and may be liable for negligence.

The Supreme Court of Canada addressed the balance between deference and holding directors accountable for breaching their duty of care as follows:

In car accident cases, for example, a defendant has a duty to exercise reasonable care when operating a vehicle, and a failure to do that is likely a breach of his or her duty.

To prove another party's liability for negligence under Maine law, an injured victim must show that (1) the defendant owed the victim a duty of care, (2) the defendant breached that duty, (3) the breach caused the victim's injuries, and (4) the victim suffered actual damages as a result of the defendant's breach.

In addition, the trial judge found that Dr Varipatis breached his duty of care in failing — by mid 1998 — to refer Mr Almario to a specialist in obesity management who could have investigated all options for managing Mr Almario's morbid obesity: [98].

You could sue for negligence if you can prove that the manufacturer or seller of the infected product breached its duty of care to you, the customer.

When there is a lawsuit for negligence in a personal injury case, the plaintiff is responsible for proving by a preponderance of the evidence that the defendant breached their duty of care.

If truck drivers breach their duty of care to others on the road, they can be held financially responsible for resulting injuries.

To claim for negligence arising from property owner's carelessness, the victim must show that the owner or manager had a duty of care towards him or her and that the property owner breached the duty, and that the breach was the actual cause of injuries and those damages arose from the accident.

When a doctor breaches that duty of care and injury results, he or she may be guilty of medical malpractice and liable for damages.

This ensures the correct level of care is seen in a breach of duty case and that the correct provision of care support and equipment is in place for individuals going through personal injury litigation.

«Courts are increasingly holding paid professional advisers responsible for breaches of their duty - of - care» Segun Osuntokun, Partner — Commercial Dispute Resolution

The plaintiff alleged that the barista and the store manager owed the plaintiff a duty of care and that each was personally liable to the plaintiff for breaching those duties.

As a state - licensed pharmacy, NECC also has a professional duty of care in the preparation of prescriptions, and a breach of this duty could lead to liability for medical negligence.

The issues for determination by the Court of Appeal were whether the judge had been entitled to conclude that a failure to draw specific attention to Monarch Way pond and the access which might be gained to it constituted a breach of the common duty of care, and whether that breach made «every difference».