The Personal Health Information Protection Act, 2004 S.O. c. 3, Sch A, s. 65 (PHIPA) contemplates mental anguish damages
for breaches of statutory duty up to a maximum of $ 10,000.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR
FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.
c) Liability
for breach of statutory duty; except clause 11.10 above which shall apply once only in respect of all the said types of Liability.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and
for breach of statutory duty.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and
for breach of statutory duty.
«For this reason, Plaintiff brings this lawsuit against Defendants
for breach of statutory duties, breach of contract, breach of fiduciary duties, recovery of chattels and an accounting,» court documents state.
Both the claimants and Resolution — which intervened in the proceedings — seem to have conceded that CSA 1991 «does not give rise to a private law right to sue
for breach of statutory duty».
the Court does not have power, or alternatively should not (absent exceptional circumstances) exercise a case management power to «transform» a claim pleaded as a Part 7 claim
for breach of statutory duty under the PCR 2015 into a claim for judicial review,
Whether the First and / or Second Defendants are liable to the Claimants or to any additional potential Claimants in negligence and / or
for breach of statutory duty in respect of:
It turned out in this case that the trust had been in breach of the 2000 directions by not having a relevant policy at the time of the incidents although the claimants did not bring actions
for breach of statutory duty.
The original and replacement tenancies will be treated as the same tenancy for the purpose of certain legal proceedings — at the moment landlord's claims for breach of covenant, and tenants» claims
for breach of statutory duty — the act permits further classes of litigation to be added by regulation.
In a claim
for breach of statutory duty relating to manual handling operations, it is not enough for the claimant to show a breach of the requirement to carry out a proper risk assessment if there is evidence that the defendant had in fact taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicable.
Having held that there was no right to a private law claim, the judge then addressed the interrelationship between claims
for breach of a statutory duty and for breach of a common law duty of care in a statutory context.
On that basis a duty to avoid undue delay would be owed to all, effectively creating «back door» liability
for breach of statutory duty.
Had that been established, the claimants would have had a claim
for breach of statutory duty under section 48A Water Resources Act 1991.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and
for breach of statutory duty.
Not exact matches
Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles
for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined),
statutory duty of good faith, unfair contract terms (seeks «recognition
of the competitive disadvantage faced by farmers» and extension
of unfair contract terms protection to small business), collective bargaining (seeks relaxation
of public interest test
for boycott approvals in agriculture markets, increase «ability
for peak bodies to commence and progress collective bargaining and boycott applications» on behalf
of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process
of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply
of drinking milk») and mandatory code
of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.
6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you
for the price
of the Booking and, subject to clause 6.2, any losses that you suffer as a result
of our failure to comply (whether arising in contract, tort (including negligence),
breach of statutory duty or otherwise) which are a foreseeable consequence
of such failure.
defending claim made on behalf
of deceased's estate
for injuries alleged to have been caused by
breach of statutory duties;
In 2016 the team successfully defended NHS England in an alleged
breach of statutory duties claim brought by QSRC
for not providing an interim contract to the claimant
for gamma knife treatment to NHS patients.
«TCC claims 2.1 The following are examples
of the types
of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims
for the enforcement
of the decisions
of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their
statutory duties concerning the development
of land or the construction
of buildings; (e) claims relating to the design, supply and installation
of computers, computer software and related network systems; (f) claims relating to the quality
of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant
for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers
of land in trespass, nuisance etc; (i) claims relating to the environment (
for example, pollution cases); (j) claims arising out
of fires; (k) claims involving taking
of accounts where these are complicated; and (l) challenges to decisions
of arbitrators in construction and engineering disputes including applications
for permission to appeal and appeals.»
Acted
for the liquidator
of a large insurance company in a Supreme Court claim in Australia against Executive Directors and Corporate defendants in relation to misleading auditors, the publication
of misleading financial accounts and
breaches of statutory duties and approximately worth AUD $ 500 million.
(a) malfunction
of mechanical equipment and recreational apparatus under the control
of or maintained by the operator, including vehicles, other than that resulting from misuse by a user; (b) unsafe operation
of mechanical equipment or recreational apparatus, including vehicles, by the operator or its employees; (c) unsafe aspects
of the structure and condition
of an indoor recreational facility that directly affect the safety
of users when actually engaged in a recreational activity
for which the recreational facility is designed or intended; (d) failure by the operator
of an outdoor recreational facility to maintain commonly accepted conditions or standards
of demarcation, signage, lighting, and monitoring
of user activity,
for outdoor recreational facilities
of comparable size and type; (e) unfitness
for normal use, at the time
of supply or rental,
of equipment or apparatus supplied or rented
for use in connection with a recreational activity; (f) conduct
of the operator's employees, acting in the course
of their employment, that results in personal injury to or death
of a user from the sources
of risk referred to in paragraphs (a) to (e); (g)
breach by the operator, or by an employee
of the operator,
of a specific
statutory duty or regulatory requirement relating to safety in a particular recreational activity.
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.
The verified complaint asserts claims
for breach of contract, tortious interference with contract, tortious interference with prospective economic advantage,
breaches of statutory and common law
duties to preserve confidential information, and spoilation
of evidence.
The issue was whether the judge was right to conclude that it is open to a court, in the absence
of statutory authority, to order a closed material procedure
for part (or, conceivably, even the whole)
of the trial
of a civil claim
for damages in tort and
breach of statutory duty.
Nonsmokers have filed lawsuits against landlords or fellow tenants on the basis
of nuisance,
breach of statutory duty to keep the premises habitable,
breach of the common law covenant
of peaceful enjoyment, negligence, harassment, battery, and intentional infliction
of emotional distress; courts have ruled
for and against nonsmokers in individual cases.
The claims are
for alleged
breaches of RM's
statutory duty to issue VAT invoices to the claimants in respect
of the services.
Represented an Indonesian listed group in a US$ 11.5 million ICC International Arbitration against a major healthcare multinational concerning
breaches of Indonesian
statutory duties in relation to an exclusive distributorship agreement
for pharmaceutical products
He sued the municipality
of Dutton - Dunwich
for non-repair
of the roadway, alleging
breach of statutory duty to post a checkerboard sign warning
of the road alignment.
Fittingly, to start the year, January 2008 saw the decision in A v Hoare (2008) UK HL 6, [2008] All ER (D) 251 (Jan) and its joined cases where the House
of Lords overturned its earlier decision in Stubbings v Webb (1993) AC 498 HL, [1993] 1 All ER 322 and held that, where the injury had been caused by an assault, the rules
for limitation should be the same as
for injury caused by negligence or
breach of statutory duty.
It should not cover damages
for injury sustained otherwise than in road traffic accidents,
for example, employer's negligence or
breach of statutory duty, claims against local authorities or occupiers, nuisance claims or assault claims.»
We advised the director
of a large tour operator on proposed claims by the administrators
for wrongful trading,
breaches of statutory and fiduciary
duties and preference payments.
«The House
of Lords may have closed the door on pleural plaque compensation claims made on the basis
of negligence or
breach of statutory duty, but at the same time they have also opened the window, by unexpectedly flagging up a potential new line
of argument — that claimants could sue
for breach of contract,» he says.
Because English law does not recognise a claim
for damages
for breach of a public law right as such, a claimant who wishes to recover compensation
for economic losses allegedly suffered as a result
of a
breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause
of action.
Having thus held that there was no judicial remedy available to the claimant
for a monetary award, Judge Simmonds QC went on to find that HMRC had been in
breach of its
statutory duty under ICTA 1988, and that its officer / s had been negligent — adding insult to the injury that Martin and his company had already sustained.
Freesumes shall not be liable
for any direct, indirect, minor, major, exemplary or special damages, including but not limited to financial loss, low profits, loss
of goodwill, data, credibility, peace
of mind or other intangible losses that may arise due to your ability or inability to use the resume templates and other resources, content, information, forums, social media or services being offered on the website, irrespective
of the fact that such liabilities occur due to any kinds
of misrepresentation, tort, negligence
of duty,
breach of contract, or
statutory responsibilities by Freesumes or otherwise, and the possibility
of such liabilities was already conveyed to it.
An agent acting dishonestly and not in the best interests
of the client can get nailed both
for statutory breach and
for breach of fiduciary
duty.
Also, the purchaser's claim
for common law
breach of fiduciary
duty was abrogated by the Washington statute which prescribes
statutory duties that real estate brokers owe to their clients.
2d 651)-- remedies provision
of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or
statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a
duty to inquire on the part
of the buyer and relieves the seller
of any potential liability
for defects that arise in regard to the part
of the premises covered by the question; any information disclosed during the sale
of the property merges into the contract and does not exist on its own basis
of a common law cause
of action; buyer's action based on
breach of the disclosure statement is dismissed on the grounds that no such cause
of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories