Sentences with phrase «give rise to a claim by»

Humor Rainbow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Humor Rainbow.

Might a problem with the answers to these questions hurt another client of the lawyer receiving the certificate of ILA and give rise to a claim by that client?

Not exact matches

He formulates it as follows: «By a process of elimination we are left with twenty - one sayings whose attestation and subject matter do not give rise to objections of weight, which are perfectly compatible with the genuine teachings of our Lord, and which have as high a claim to authenticity as the sayings recorded in our four gospels.

In a ruling on 15 October 2014 about claims for Nestlé SMA toddler milks in an ASDA email, the ASA: «told [the companies] not to state or imply that health could be affected by not consuming a product, or to give rise to doubt the nutritional adequacy of a reference product.»

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

His claim that unemployment will fall rather than rise in the course of this Parliament is based on the OBR assessment, rapidly rushed out to give ammunition to contest the anticipated Harman attack (incidentally providing the first suspicions about the OBR's objectivity), that whilst 600,000 public sector jobs will be lost by 2015 - 6 and a similar figure (though unspecified) in the private sector as a result of the public spending cuts, some 2.5 m jobs will be created over the same period in the private sector.

And Nick Clegg and his ministers were not given a nod when the chancellor announced the personal tax allowance rise — the first pledge in the Liberal Democrat 2010 manifesto (to raise it to # 10,000)-- and the PM has already caused anger by trying to claim ownership of the policy.

The Centre for Economic Performance paper by Louis - Philippe Beland and Richard Murphy, that gave rise to an article in the Guardian claiming that banning mobile phones in schools raises the performance of pupils, is a classic example of the danger of taking a micro view of a macro phenomenon.

Legal Claims: You must notify HRG, via e-mail at [email protected] or by mail to the address indicated below, of any claim you may have against HRG, within 30 days from the event giving rise to the claim.

Also, this claim gives rise to conclusions that are not supported by the data: Let's assume you are right, and natural outflows are always 4 units larger than natural inflows (i.e., «nature is a net sink for CO2, whatever the natural inflows involved»), and only human inflows cause CO2 to rise.

Prof. Murry Salby of the Department of Environment and Geography at Macquarie Universiry in Sydney gave a talk last year (August 3, 2011) to the Sydney Institute (described at Wikipedia), in which he claimed that the rise in atmospheric CO2 is not driven by anthropogenic emissions.

Whereas the cl 6.1 (e) exclusion provides: ``... a claim which is made in respect of a relevant liability described in para (2) by a claimant who, at the time of the use giving rise to the relevant liability was voluntarily allowing himself to be carried in the vehicle and, either before the commencement of his journey in the vehicle or after such commencement if he could reasonably be expected to have alighted from it, knew or ought to have known that --

Although the judge found that R was «actively and closely involved in... the events which gave rise to the Foundation's claim», any costs incurred by the claimant before it acquired the right to bring a claim (as the assignee of title to the mural and of the cause of action of the landlord and freehold owner of the building) could not be recovered from R.

Operating a ride without a permit or a proper inspection also may give rise to a negligence claim when someone is injured by a ride.

In South Carolina, if the death was caused by another person's conduct, the other person's actions may give rise to a «wrongful death» claim.

We've had some really great legal debates about whether a read receipt generated by an e-mail sent to a lawyer actually gives rise to an appropriate claim of privilege.

Further, where an employee discusses pay because she feels that she has been discriminated against, any action taken by the employer to stop such discussion will give rise to a victimisation claim.

A key determinant both of coverage provided by the LawPRO policy under the Law Society's insurance program, and of whether liability could spread beyond the individual lawyer - policyholder, is the nature of the error or omission giving rise to a claim.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

Where claims give rise to «common or related issues of fact or law» the court has the discretionary power to make a GLO to manage the claims governed by the GLO in a co-ordinated fashion.

«Many of the claims from the residents may be covered by insurance, however, there may have been serious failings by the management company, acting on behalf of the local authority, that may give rise to further liability in contract (to the tenants of the block) and in negligence.

Similarly, automobile design flaws leading to a roof that crumbles or a vehicle that is more likely to tip over may give rise to a claim for damages against the car company, even where the accident itself was caused by the driver.

A poor lawyer - client relationship, especially in criminal law matters, can give rise to appeals based on ineffective assistance by counsel, which can in turn lead to claims.

Other Claims Injuries caused by animal bites, negligently manufactured products, medical or dental work performed below accepted standards, assaults, train, bus or airplane accidents, all might give rise to a claim for compensation.

For example, there is the possibility that in any case a part of an original site has ceased to be used for the purposes prescribed under the original deed, so as to give rise to a reverter at that stage, with the result that any claims by or on behalf of the grantor's successors could be out of time.

A new university study and the ever - increasing use of wireless devices, such as the BlackBerry, could result in a flood of lawsuits against employers for creating an allegedly dangerous environment where unpaid overwork is required for success, promotion and job security, a leading law firm warns -LSB-...] Giving rise to possible claims, is a recent study by Gayle Porter, Associate Professor of Management at Rutgers University in New Jersey, which suggests possible liability for companies if they keep their employees on «electronic leashes» as part of their job requirements.

Even when a person is covered by workers compensation, frequently the circumstances of the accident give rise to a claim against some party other than the employer.

Public disclosures by a company about the existence or results of a criminal or regulatory investigation and other similar publicly available corporate announcements frequently give rise to civil claims relating to the conduct at issue.

Informal appeal processes are akin to attempts by the parties to resolve the claim; such dealings do not give rise to an estoppel argument.

In addition to the aforementioned exception for cases when the injured victim was a child, there is also an exception for circumstances in which fraud was employed to conceal the injury; in those cases, the timeline is extended by 2 years, but even then, a claim can not be brought more than 7 years after the incident giving rise to the claim.

The insured person has not notified the insurer of the circumstances giving rise to a claim for a benefit or has not submitted an application for the benefit within the times prescribed by this Regulation.

The insured claimed in each case that the insurer's letter and attached «STANDARD REPORT,» when read together, gave rise to a legal obligation to determine the «actual cash value» of the property on the basis of a replacement cost less ten percent depreciation, an amount more than that determined due by the insurer and later by a referee.

On the implied waiver claim, the Court held that a pleading by a plaintiff that alleged it would not have entered a settlement agreement had it known about certain fraudulent conduct did not give rise to an implied waiver of solicitor - client privilege in communications related to the settlement.

Any insurance company who pays an insurance claim caused by the tortious fault of another (e.g. Samsing, if its product was defective in a manner sufficient to give rise to legal liability) has a right to sue the party at fault for the loss the insurance company suffered in what is called a subrogation lawsuit.

We can not agree that the behaviour recited by Plaintiff constitutes behaviour that is so severe or so pervasive that it gave rise to a claim for hostile work environment.

It's unclear whether any of this interference by real property owners could give rise to claims of detinue, or the right of replevin to recover a Pikachu or Mewtwo (don't worry, I don't know what those are either).

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

The Court held that it was not bound by its previous decisions and held that whilst the guidance of the Family Division is good practice and should be followed, there is no requirement in the statute to positively obtain fair and informed consent and therefore failure to do so will not give rise to a damages claim.

The ARP achieved the desired result on the basis that the first defendant committed the dishonest acts that gave rise to the claims, and that the second and third defendants, by their condoning of general dishonest conduct, were themselves dishonest.

In Yeoman's Row the House of Lords had to decide whether or not the facts of the case gave rise to a successful claim by the respondent for proprietary estoppel.

Ineffective assistance: a poor lawyer - client relationship, especially in criminal law matters, can give rise to appeals based on ineffective assistance by counsel, which can in turn lead to claims.

Yet the decision in Stubbings gives rise to the anomalous — indeed arguably absurd — result that the perpetrator of abuse is immune from proceedings after the expiry of the six - year limitation period, whereas a person who negligently allows the abuse to take place, and is thus less culpable than the abuser himself, remains open to a claim by reason of the discretion available to the court under LA 1980, s 33.

That case established that, where the execution of the works was facilitated by a stopping - up order made by a different compensating authority, under a different statutory scheme not incorporating CPA 1965, the stopping - up did not give rise to a claim under s 10.

The trustees» subsequent discovery of the unlawfulness of the transfers was treated by the judge — applying Bradstock Trustee Services Ltd v Nabarro Nathanson (a firm)[1995] 4 All ER 888 with the apparent assistance of a concession by the claimant's counsel — as the discovery that the facts which they already knew gave rise to a negligence claim and that, by virtue of LA 1980, s 14A (9), this is excluded from the definition of knowledge required for the occurrence of the starting date under LA 1980, s 14A.

If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»

It contended that the damage to its property caused by the flooding gave rise to a claim in nuisance against the party responsible for the section of the channel which was adjacent to its property.

Notice also be given in writing to the Company immediately by the Insured shall have knowledge of any impending prosecution inquest of fatal inquiry in respect of any occurrence which may give rise to a claim under this plan.

This does not mean that negotiating parties are free to use deception or to negotiate in bad - faith manner: such conduct can give rise to claims of negligent or fraudulent misrepresentation, which in turn will spark a legal claim by the injured party for damages, among other things.