The court found that Whitesell could not insulate
himself from liability for sex discrimination by relinquishing the responsibility for preventing such discrimination to another party, and the court adopted the general rule that the duty of a property owner not to discriminate in the leasing or sale of that property is non-delegable.
Further, the court held that the seller may be liable for the misrepresentations of his agent (the broker), as well as his own affirmative misrepresentations, but that the «as is» clause protected
him from liability for nondisclosure.
The court also found that there was a specific exemption
from liability for real estate brokers in the Act for actions covered by the property disclosure statute.
The Bank Secrecy Act (BSA) provides a safe harbor
from liability for the filing of suspicious activity reports by those involved in real estate closings and settlements.
(4) On an application under this section, the court may make an order for payment of the money into court, and payment into court under the order discharges the brokerage
from liability for the amount paid.
The rule establishes certain protections
from liability for the creditor under this requirement for «qualified mortgages.»
Yes — I do have a disclosure statement where the buyer verifies that they won't construct a dwelling prior to the payoff of their loan (and they also release
me from any liability for this sort of thing), but there's another built - in safety net that almost always applies to loans on vacant land...
«As is» clauses will generally protect the bank
from any liability for a defect that may be discovered by a buyer after closing.
Some agents believe — incorrectly — that the form shields
them from liability for undisclosed defects in the house.
The «Housing for Older Persons» Exemption: The Fair Housing Act specifically exempts some senior housing facilities and communities
from liability for familial status discrimination.
This law contains a provision that shields online publishers
from liability for content posted on their sites by third parties.
Don't include language that claims to release
you from liability for conducting, obtaining, or using the background screening report.
(1) A pharmacist may register with the Board for the limitation on liability provided by ORS 676.340, which provides a licensee with specific exemptions
from liability for the provision of pharmacy services without compensation under the terms of the law.
The user agrees to release Employment Screening, Inc., its officers and employees
from liability for any errors and / or omissions contained in reports prepared by third parties and from any loss or expense suffered by the user directly or indirectly from Employment Screening, Inc. reports.
Language that claims to release a company
from liability for conducting, obtaining or using the background screening report.
It is obvious that in this case, we need to exclude operators
from liability for its emission, for them to avoid any risks of prosecution,» said the official, incidentally showing that for him «bitcoin» is a synonym of cryptocurrency in general.
Not only would both bills eviscerate the immunity
from liability for user - generated content that Internet intermediaries have under Section 230, the bills would also amend the federal criminal sex trafficking statute to sweep in companies who may not even be aware of what their users are doing.
The Federal Congress of Argentina is currently debating a new law on intermediary liability, which would establish a safe harbor of protection for Internet intermediaries (such as ISPs, social media platforms, and search engines)
from liability for content uploaded or transmitted by third parties.
Facebook has claimed that it has immunity against liability for such discrimination under section 230 of the 1996 federal Communications Decency Act, which protects online publishers
from liability for third - party content.
The bill updates Section 230 of the Communications Decency Act which shields companies
from liability for content posted by their users.
For ages, internet companies have fought changes to the Communications Decency Act's Section 230, which protects
them from liability for content that might pass through their websites.
Currently, 230 shields online intermediaries
from liability for user - generated speech.
Florida renters insurance protects
you from liability for the simple, thoughtless acts that happen all too frequently.
It can also protect
you from liability for crimes committed on your property.
However, it is important to have the right insurance coverage in place to protect
you from liability for damage to another vehicle or someone's property.
A Georgia renters insurance policy can protect
you from liability for damage to rented premises.
Your Ohio Renters Insurance policy will protect
you from liability for bodily injury or property damage done to someone else, and will also protect your personal property from the same list of covered perils that standard homeowners policy would.
The policy need not insure a loss
from any liability for damage to property owned by, rented to, in charge of or transported by the insured.
Your Fort Worth Renters Insurance policy will protect
you from liability for bodily injury or property damage done to someone else, and will also protect your personal property from the same list of covered perils that a standard homeowners policy would.
In addition to belongings and structural damage, your Burlington insurance policy also protects
you from liability for people who are injured on your rental property, and it could pay for your legal defense in such a case.
Always remember to not shop on price alone, and choose a policy that balances an affordable premium rate with adequate protection
from liability for both you and your small business.
When you leave home, your homeowners insurance typically follows you, protecting you and your family from loss or theft of personal possessions and
from liability for accidental injuries or property damage.
There is, however, nothing wrong with the criminal law attaching greater significance to more serious consequences; nor is there any concern arising
from liability for negligence.
Unlike in the US, the host's immunity
from liability for infringement does not depend on taking down the offending content.
The commenter concluded that this omission was unintended since the proposal's provision at proposed § 164.518 (c)(4) relieved the covered entity, covered entity's employees, business partner, and the business partner's employees
from liability for disclosing protected health information to law enforcement and to health oversight agencies when reporting improper activities, but failed to specifically authorize business partners and their employees to engage in whistleblowing in proposed § 164.510 (f), «Disclosures for law enforcement.»
The opinion also analyzed at length the language and legislative history of the Kentucky informed consent statute, KRS 304.40 - 320, and held that it did not affirmatively impose a duty on a physician, but rather created a «safe harbor,» compliance with which should absolve the physician
from liability for an alleged lack of informed consent.
The lower court dismissed the case on grounds that the Communications Decency Act (at 47 U.S.C. § 230) immunized Google
from liability for the publication of third party content.
The function of absolute immunity in the performance of judicial duties is not to shield members of the judiciary
from liability for their own misconduct, but rather «to protect their offices from the deterrent effect of suit alleging improper motives where there has been no more than a mistake or a disagreement on the part of the complaining party with the decision made.»
A public employee acting within the scope of employment is immune
from liability for an injury caused by the employee's «instituting or prosecuting any judicial or administrative proceeding ․ even if he acts maliciously and without probable cause.»
ISPs have some claim to exemption
from liability for content they transmit because they are neutral, as a common carrier (that's why there's a difference for material they host).
There's no «only» clause in there, so it doesn't prevent them from making other changes other ways, and it wouldn't invalidate a mutual agreement to release
from liability for prior breaches.
In summary, there are a great many disadvantaged people who have been mis - sold PPI and smaller percentages who also have a respectable claim for an account of secret commissions, or commissions not properly disclosed, as well as limited numbers of borrowers who may well wish to take advantage of breaches of the prescribed terms, with a view to walking away
from liability for any further payments.
Is there in fact explicit legal immunity
from any liability for this practice?
Every public body and its officers, employees and agents acting within the scope of their employment or duties... are immune
from liability for... Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.
(3) Despite subsection (1), nothing in this section relieves the City
from liability for negligence.
Even though the doctor's treatment of you has been ongoing, rather than a part of ancient history, the statute of repose will still operate to protect the doctor
from liability for his medical malpractice committed eight years ago.
So it is now clear that the absolute immunity of its policymakers does not shield a city
from liability for its policies.
Provided immunity
from liability for volunteer health care professionals at nonprofit health care facilities.
Since the defendant was responding to a random emergency and trying to help the plaintiff out of an emergency situation, he was found to be completely immune
from liability for any injuries that were sustained by the plaintiff as a result of the defendant's allegedly negligent operation of the truck he attempted to operate.
«We generally hold that government officials performing discretionary functions generally are shielded
from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.»