Sentences with phrase «imposing duty»

That's because if sellers were in a state where it was caveat emptor, buyer - beware, you were all of a sudden imposing a duty on a seller that just didn't exist before.

In other words, the court looked at the employer and employee's expectations, their representations with regard to the summer work, their reliance on the summer student, the circumstances and facts of such employment and concluded that imposing a duty of care on the female defendant summer student would be unjust and unfair.

The court also noted three considerations: (1) the gravity of the harm inflicted by non-disclosure; (2) the fairness of imposing a duty of discovery on the buyer as an alternative to compelling disclosure; and (3) its impact on the stability of contracts if rescission is permitted.

The South Korean» Blockchain Association, speaking with Business Korea, stated; «We are seeking out ways to solve problems by launching a self - regulation commission and imposing duty to prevent money laundering.»

Smith LJ, giving the Court of Appeal's only judgment preferred Caparo v Dickman [1990] 2 AC 605, [1990] 1 All ER 568 and its three - stage test: proximity, foreseeability and whether imposing a duty would be fair and reasonable.

Imposing a duty to consult at any stage of the process, as a legal requirement, would not only be impractical and cumbersome and potentially grind the legislative process to a halt, but it would fetter ministers and other members of Parliament in their law - making capacity.

We resolve the ambiguities in the NPRM by imposing this duty on covered entities for harm caused by Start Printed Page 82563either members of their workforce or by their business associates.

In the final rule, we clarify this requirement by imposing a duty for covered entities to mitigate any harmful effect of a use or disclosure of protected health information that is known to the covered entity.

Finally, the fifth factor looks to whether there is a public interest in imposing a duty.

The Superior Court found persuasive the reasoning of the trial court that imposing a duty here would greatly expend judicial resources and would result in judicial activism.

The Court rejected Crane Co.'s assertion that imposing a duty would subject it limitless liability and claims from «a seemingly immeasurable amount of people,» emphasizing that Rhode Island courts determine whether a duty exists on a case - by - case basis.

Measuring how the accused driver reacts to the traffic around him does not amount to imposing a duty to «get away» from other drivers.

ABS supporters say that we will put in rules to prevent the paymasters from imposing their duty to their shareholders on us, and that they will buy law firms knowing that up front.

According to Andrew Walker QC, imposing a duty on lawyers to respond to demands from the ICO for privileged information would place them in the invidious position of being unable to reassure their clients that they will be able to protect the confidentiality of information imparted to them.

Currently, the regulations imposing the duty are too broad and cast too wide of a net.

This analysis is consistent with prior legal ethics opinions imposing a duty of confidentiality on a lawyer when consulting with a prospective client.

As previously noted, there is nothing illegitimate about using limited liability business structures, and imposing a duty that undermines the viability of that structure is a legitimate policy concern.

It is a unilateral act imposing a duty and the government will not be able to blame the usual suspects for letting the side down.

The administration is also imposing duties on Canadian softwood timber and is investigating whether steel and aluminum imports pose a threat to national security.

The decision to impose duties of 25 percent on steel and 10 percent on aluminum could hurt not only those industries directly, but also carmakers and construction firms in Europe, which use those raw materials.

China's decision to impose duties of up to 25 % on 128 American imports, such as pork and wine, elicited an angry reaction from the White House.

Trump's decision to impose duties on up to $ 60 billion worth of Chinese imports, for example, comes at a time when Washington needs Beijing's help to rein in a nuclear - armed Pyongyang, said Wendy Sherman, a former under secretary of state for political affairs at the U.S. State Department who was the lead American negotiator for the Iran nuclear agreement.

President Donald Trump announced Thursday he intends to impose duties of 25 per cent on steel and 10 per cent on aluminum, with no mention of excluding Canada, which is the main supplier of both metals to the U.S.

China, in turn, implemented additional tariffs on 128 U.S. products, including fruit and pork, in response to the Trump administration's decision to impose duties on steel and aluminum.

The U.S. is imposing duties of up to 24 per cent on lumber imports from Canada.

OTTAWA — The United States announced Tuesday that it would impose duties on imports of a new jet made by the Canadian jet maker Bombardier, a decision likely to fuel trade tensions between the United States and Canada just as the two countries face off over the future of the North American Free Trade Agreement.

The U.S. wants to get rid of NAFTA's famous «Chapter 19» binational panels, which decide if one NAFTA country can impose duties on another for allegedly unfair subsidies or selling goods at unfairly low prices.

In the dispute over washing machines, the Commerce Department imposed duties on South Korean washing machine makers Samsung and LG in 2013 in response to Whirlpool's complaints that its rivals were receiving government subsidies and selling their products in the U.S. below the cost of production.

Should China impose duties on those exports, states like Kansas, which account for nearly half of the nation's sorghum production, could take a sizable financial hit.

The administration could launch a «Section 301» action, which allows the president to impose duties on products from countries that use unfair trade practices.

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and / or unfairly subsidized U.S. imports of certain steel wheels from China are causing injury to the U.S. industry, Commerce will impose duties on those imports in the amount of dumping and / or unfair subsidization found to exist.

Reading him was a self - imposed duty that turned out to be a pleasure.

Patriotism imposes this duty on them.

I would add to this, under what circ - umstances do we wish to empower the state to impose a duty upon one person to use their internal organs to directly sustain the life of another «person?»

The CIOT also said that the UK would need to decide on whether to introduce new legislation to impose duties on imports from EU member states.

Norway, for example, does not impose any duties on import (technically it does, but it's 0 %), which while not exactly eliminating paperwork, definitely limits it.

He said the provision imposes a duty on the returning officer to inform presidential candidates of any anomalies on their nomination forms and also afford them the opportunity to make the necessary corrections.

The constitution has, however, imposed a duty on the Federal Executive Council to ask the President to resign on medical ground if he is unable to discharge the functions of his office on account of infirmity of mind or body.

«impose a duty on government bodies to provide specified information to registration officers in Wales for the purposes of electoral registration.»

State constitutions impose a duty on states to ensure that its young citizens have access to an education, but those students do not have a duty to attend assigned schools.

She did her best, it was a self - imposed duty, and she could have just focused on her own survival but did not.

It is important to note in this context also that the court did not impose the duty - of - fair - representation standard of bad faith upon the union in Emporium Capwell.

Your state passes sales tax regulation then imposes the duty of sales tax accounting, collecting and remitting on businesses that operate within their borders.

Tulsa Ordinance Title 37 Section 802 (C) imposes a duty upon all drivers who strike an animal with their vehicle.

PALMETTO BAY, FL - JANUARY 23: Andres Hernandez, from the Goldin Solar company, installs a solar panel system on the roof of a home a day after the Trump administration announced it will impose duties of as much as 30 percent on solar equipment made abroad on January 23, 2018 in Palmetto Bay, Florida.

Trade measures that impose duties on imports from nonparticipating countries are likely to be the most useful instrument for overcoming free riding and inducing participation.

Equity also imposed a duty of fairness on solicitors in contracting with clients, requiring the solicitor to establish, for example, that the client understood the agreement, that the price was reasonable, and «that the transaction was in all respects fair, and such as an independent solicitor who had performed his duty, would have advised his client to enter into.»

«I find it is unreasonable to impose a duty upon the [text - sending] defendant in this case under these facts.

The Teachers» Federation submits that the trial judge fundamentally misunderstood and incorrectly applied the applicable law to the facts of the case; applied an incorrect standard of review of a union's conduct, and imposed duties not required of it by law.

If the opinion you cite is right that «promoting» means «something more than not discriminating» (and, on this point, at least, I agree with them), then the Rules, which impose a duty not to discriminate, can not be read as imposing a duty to do «something more» to promote equality.