Sentences with phrase «generally under no duty»

Not exact matches

Under the «business judgment rule,» courts (in Canada, the US, the UK, and elsewhere) are generally reluctant to tell a corporation's board of directors that they've failed in their duty of care vis - a-vis shareholders, because the court lacks the competency to do so.

Specifically, the exemption requires that the advisor, the institution issuing the product and client enter into a contract that clearly commits the advisor to acting in the client's best interests, using the care, skill and prudence that would be exercised by prudent person under the circumstances (the definition that generally governs a fiduciary's duties in other contexts).

This generally means they should be leashed or harnessed (unless these get in the way of the dog's duties, in which case the dog must still be under the handler's control).

I'm not being asked to acknowledge my duty to accommodate under the Code within my workplace», I'm being asked to acknowledge my purported obligation to promote «equality, diversity and inclusion generally».

First, if one accepts that the obligation to acknowledge one's duty to «promote equality, diversity and inclusion generally» is a form of compelled speech, then it's hard to see how such an obligation can be justified under section 1, given that no such obligation actually exists — hard to see how an obligation to acknowledge a non-existent obligation is a reasonable limitation that can be justified in a free and democratic society.

Urgenda argued that the Dutch state had therefore breached a duty of care owed to them (and to Dutch society generally), had infringed their rights under the European Convention on Human Rights («ECHR»), and had contravened various obligations under international law and the Dutch Constitution.

Generally speaking, campaigning would not be a governance duty of the President, but there are factual circumstances under which it is hard to distinguish between what constitutes governing and what constitutes campaigning in the case of a sitting President who is currently in office.

As a matter of conduct, you are not generally under a regulatory duty to supervise equity partners, but that is not a reason for letting people go completely off on their own, and this is even more so with lateral hires.

Property owners and business operators — generally known as «occupiers» under the law — have a duty to keep customers and other visitors safe.

The claimants argued that the Commission had failed in its duty to provide reasons generally under Article 296 (2) TFEU and specifically under Article 4 (3) of the Regulation for why they had refused registration of a proposal for various different legal acts in different areas relating to protection of minorities.

The question is: do the documents in dispute, ie, MSP and Pharmanet, come withing the terms of either Rule 7 - 1 (1)(a), ie, documents that can be used by a party of record to prove or disprove a material fact or that will be referred to at trial or, if not, do they come under category 7 - 1 (11), generally, in the vernacular, referred to as the Guano documents... There is no question that there is a higher duty on a party requesting documents under the second category... that in addition to requesting, they must explain and satisfy either the party being demanded or the court, if an order is sought, with an explanation «with reasonable specificity that indicates the reason why such additional documents or classes of documents should be disclosed», and again, there is no doubt that the new Rules have limited the obligation for production in the first instance to the first category that I have described and has reduced or lessened the obligation for production in general...

For instance, workplace violence under federal OSHA is generally citable under the General Duty Clause of the Occupational Safety and Health Act.

Under Florida law, a business generally has no duty to ensure the safety of a visitor or their guests against injuries sustained during the commission of a crime.

Under Thai law and court precedents, there is generally an implied duty imposed on employees to perform their duties honestly.

Under Thai law and guidance from Thai Supreme Court judgments, there is generally an implied duty imposed on employees to protect the confidentiality of the employer in respect of the employer's business and know - how.

Under Texas law, people and companies generally have a legal duty to exercise reasonable care to avoid foreseeable injury of others.

In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (generally the standard of...

Cooks have many of the same duties as chefs do, but they generally work under a chef.

The state and type of practice they work in can influence their specific job responsibilities, but they generally perform all clinical duties under the supervision of a dentist.

On the other hand, a sales rep operating under agency duties would generally have a duty to at least examine the property, provide pricing guidance and inform himself firsthand of the property's condition, Stuart says.

Classifications and terminology regarding these duties, generally fall under the term fiduciary responsibilities and vary somewhat in printed materials.

2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure Statement; seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate