Sentences with phrase «in breach of its statutory duty»

Having thus held that there was no judicial remedy available to the claimant for a monetary award, Judge Simmonds QC went on to find that HMRC had been in breach of its statutory duty under ICTA 1988, and that its officer / s had been negligent — adding insult to the injury that Martin and his company had already sustained.

Not exact matches

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.

c) Liability for breach of statutory duty; except clause 11.10 above which shall apply once only in respect of all the said types of Liability.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

If at least one - third of the members vote in the referendum and two - thirds are in favour, then the resolution is binding, provided that implementation would not constitute a breach of the benchers» statutory duties.

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patientIn 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patientin an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

The claimant sought damages in negligence and breach of statutory duty.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

Acted for the liquidator of a large insurance company in a Supreme Court claim in Australia against Executive Directors and Corporate defendants in relation to misleading auditors, the publication of misleading financial accounts and breaches of statutory duties and approximately worth AUD $ 500 million.

Both the claimants and Resolution — which intervened in the proceedings — seem to have conceded that CSA 1991 «does not give rise to a private law right to sue for breach of statutory duty».

(a) malfunction of mechanical equipment and recreational apparatus under the control of or maintained by the operator, including vehicles, other than that resulting from misuse by a user; (b) unsafe operation of mechanical equipment or recreational apparatus, including vehicles, by the operator or its employees; (c) unsafe aspects of the structure and condition of an indoor recreational facility that directly affect the safety of users when actually engaged in a recreational activity for which the recreational facility is designed or intended; (d) failure by the operator of an outdoor recreational facility to maintain commonly accepted conditions or standards of demarcation, signage, lighting, and monitoring of user activity, for outdoor recreational facilities of comparable size and type; (e) unfitness for normal use, at the time of supply or rental, of equipment or apparatus supplied or rented for use in connection with a recreational activity; (f) conduct of the operator's employees, acting in the course of their employment, that results in personal injury to or death of a user from the sources of risk referred to in paragraphs (a) to (e); (g) breach by the operator, or by an employee of the operator, of a specific statutory duty or regulatory requirement relating to safety in a particular recreational activity.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVin the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVin Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVIN THE ECO ACTIVITIES REFERRED TO ABOVE.

In Spina v. Shoppers Drug Mart, the firm represents the interests of the owners of Shoppers Drug Mart franchises in an action alleging that Shoppers Drug Mart has breached the terms of the Associate Agreement as well as its duty of good faith and statutory duty of fair dealing (where applicable) with regards to how it has been operating the franchise systeIn Spina v. Shoppers Drug Mart, the firm represents the interests of the owners of Shoppers Drug Mart franchises in an action alleging that Shoppers Drug Mart has breached the terms of the Associate Agreement as well as its duty of good faith and statutory duty of fair dealing (where applicable) with regards to how it has been operating the franchise systein an action alleging that Shoppers Drug Mart has breached the terms of the Associate Agreement as well as its duty of good faith and statutory duty of fair dealing (where applicable) with regards to how it has been operating the franchise system.

In particular, I think the LSBC has a problem because benchers «must not implement a resolution if to do so would constitute a breach of their statutory duties» (13 (4) of Legal Profession Act).

We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

Representing former non-executive director of energy company in claim by liquidator of breach of statutory duty.

In the recent Ontario case of Maxwell v. Luck, the trial judge ruled that the insurance company breached its statutory duty to attempt to settle the claim expeditiously.

The issue was whether the judge was right to conclude that it is open to a court, in the absence of statutory authority, to order a closed material procedure for part (or, conceivably, even the whole) of the trial of a civil claim for damages in tort and breach of statutory duty.

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

Nonsmokers have filed lawsuits against landlords or fellow tenants on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services may be limited in our client care letter in relation to an individual matter.

The claims are for alleged breaches of RM's statutory duty to issue VAT invoices to the claimants in respect of the services.

Represented an Indonesian listed group in a US$ 11.5 million ICC International Arbitration against a major healthcare multinational concerning breaches of Indonesian statutory duties in relation to an exclusive distributorship agreement for pharmaceutical products

Whether the First and / or Second Defendants are liable to the Claimants or to any additional potential Claimants in negligence and / or for breach of statutory duty in respect of:

Fittingly, to start the year, January 2008 saw the decision in A v Hoare (2008) UK HL 6, [2008] All ER (D) 251 (Jan) and its joined cases where the House of Lords overturned its earlier decision in Stubbings v Webb (1993) AC 498 HL, [1993] 1 All ER 322 and held that, where the injury had been caused by an assault, the rules for limitation should be the same as for injury caused by negligence or breach of statutory duty.

It should not cover damages for injury sustained otherwise than in road traffic accidents, for example, employer's negligence or breach of statutory duty, claims against local authorities or occupiers, nuisance claims or assault claims.»

It turned out in this case that the trust had been in breach of the 2000 directions by not having a relevant policy at the time of the incidents although the claimants did not bring actions for breach of statutory duty.

In a claim for breach of statutory duty relating to manual handling operations, it is not enough for the claimant to show a breach of the requirement to carry out a proper risk assessment if there is evidence that the defendant had in fact taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicablIn a claim for breach of statutory duty relating to manual handling operations, it is not enough for the claimant to show a breach of the requirement to carry out a proper risk assessment if there is evidence that the defendant had in fact taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicablin fact taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicable.

He applied to challenge the order on two grounds: (i) that the effect of the order was to deprive him of his liberty, in breach of Art 5 of the European Convention on Human Rights (the Convention); and (ii), that the secretary of state had breached his statutory duty under PTA 2005, s 8 (1) in relation to consideration of criminal prosecution.

Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.

Having held that there was no right to a private law claim, the judge then addressed the interrelationship between claims for breach of a statutory duty and for breach of a common law duty of care in a statutory context.

Under the general principles of common law, if you hire an appraiser, and there is no contractual or statutory waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.

An agent acting dishonestly and not in the best interests of the client can get nailed both for statutory breach and for breach of fiduciary duty.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories