Sentences with phrase «for intentional»

Amicus Brief Filed in Support of Ohio Broker A broker should not be held liable for the intentional, fraudulent acts of its agent solely because the broker received a commission from the fraudulent transaction.

Some are seeking breach of contract damages and some are going further and suing for intentional tort damages (fraud) which bring with them the possibility of punitive or exemplary damages.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract

Thus, the court reversed the trial court's overruling of the jury verdict, finding the Broker liable for intentional misrepresentations.

The buyer sued the original appraiser for intentional and negligent misrepresentation and fraudulent concealment.

The court agreed with the Buyers and ruled that the Buyers could recover the benefit - of - the - bargain damages for the intentional misrepresentations that the jury had found the Broker had committed.

Parties can only recover «benefit - of - the - bargain» damages for intentional misrepresentations, not negligent misrepresentations when there is not a special statute otherwise regulating the conduct.

Malawista filed suit against Preferred Realty, Inc., seeking to recover a broker's commission and additional damages for intentional infliction of humiliation and embarrassment.

The purchasers alleged that the defendants conspired to mislead and defraud the purchasers regarding the costs of the 1031 transaction, and brought claims for intentional misrepresentation, negligent misrepresentation, fraud, and unfair business practices.

In C.B. Snyder Realty, Inc. v. BMW, the Superior Court of New Jersey addressed allegations by a broker against a client / lessee for intentional interference with contract.

Because of this duty to supervise its licensees and also because the licensees are acting in the broker's name during their transactions, the trial court ruled that brokers are vicariously liable for intentional torts such as fraud committed by its licensees while they are performing their duties as a salesperson.

The owner sued for intentional interference with prospective contract and business conspiracy.

In a recent trial court opinion issued by the Superior Court in Hudson County, Judge Gallipoli recognized that parents in NJ may have a right to collect damages for intentional infliction of emotional distress when their relationships with their children are poisoned by former spouses or even grandparents who partake in alienating behaviors.

In 2005 — 06, Indigenous Australians were three times more likely to be hospitalised for intentional self - harm than other Australians.

The trouble with issues: The case for intentional framing.

As this column unfolds, I'll look forward to giving you lots of practical tools for an Intentional Marriage, but it's critical that you start with a mindset of unity.

A note from the author: This is part of my new column for Verily called Tools for an Intentional Marriage.

But if you take some time before the wedding for intentional reflection about moving through life together, I guarantee your vows will take on a whole new meaning.

Courts have recognized causes of action for intentional torts committed by one spouse against another that causes physical injury.

In 2003 - 04 Aboriginal and Torres Strait Islander males were 7 times more likely, and females 31 times as likely as for males and females in the general population; hospitalisation rates for intentional self - harm was twice as high.46

The court has even recognized that one spouse may sue the other in a divorce action for intentional infliction of emotional distress.

A parent who has had a child alienated from them by the acts of the other parent could make out a claim against the alienating parent to establish a cause of action for intentional infliction of emotional distress.

Interested in receiving more resources and materials for intentional lesson planning?

The court SHALL assess penalties and sanctions for intentional or reckless filing of an inaccurate or misleading financial affidavit.

Planning for intentional teaching experiences: sometimes educators intentionally guide children towards play situations to practise developing skills.

According to Brittle, ``... healthy, agreed - upon boundaries are critical for an intentional relationship.»

This makes room for intentional conversations where all points of view can be heard.

Even 22 years into our marriage there were great reminders and new ideas for intentional pursuit of a happy healthy marriage and family.

It's vital that couples use the abstinence period for intentional work as individuals and as a couple.

In marriage and family law, alienation of affection and interference with family relations (in acts associated with the parental alienation syndrome (PAS)-RRB- may be grounds for an intentional tort.

Kimberly's budding journalists are a model for intentional, supportive use of technology in early childhood education.

A note from the author: This is the last article in a series for Verily called Tools for an Intentional Marriage.

The training will help providers to be better prepared for intentional, developmentally oriented interactions with parents to increase their understanding of child development.

Accomplishments * Created and continue to produce weekly informational PowerPoint presentations for Intentional / Microsoft.

If the insured is under the age of thirteen, coverage would still be available for intentional acts.

It's rate but not impossible for auto insurance insurers to sue for intentional tort.

There is no coverage for intentional or criminal acts under that person's policy.

The standard for negligence is knew or should have known, but the standard for intentional acts which are excluded is as follows:

If you meant to spy on your neighbor, or even expected that he might object to a drone taking pictures through his window, your insurance company may argue that you're not covered for an intentional act.

This is, of course, subject to exclusions for intentional acts of the insured, as well as for results that were expected or intended by the insured.

Again, the cause of the fire isn't relevant, save for intentional fires.

Sometimes a lawyer in a personal injury case involving a DUI will add a claim for intentional misconduct against the at - fault DUI driver.

The defendant will have to pay for intentional misconduct damages out of his / her own pocket.

Punitive damages are considered to be punishment for intentional actions and are not covered under General Liability Insurance policies.

Prohibits application of the rule of joint and several liability in actions for punitive damages, except for wrongful death actions, actions for intentional infliction of physical injury, and class actions.

(When I went to law school at UBC, a faculty member had developed a program to assess the viability of a claim for the intentional infliction of nervous shock!)

Insurance policies exclude coverage for intentional loss.

[59] The award of damages for intentional infliction of mental suffering was compensatory.

Best shot might be a claim for the Intentional Infliction of Emotional Distress towards the child.

• A party can not exclude or limit its liability for its intentional or gross fault (including gross negligence, recklessness, or carelessness).