Sentences with phrase «legal error made»

Legal errors made in the course of contractual interpretation include the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor.

Legal errors made in the course of contractual interpretation include «the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor» (King, at para. 21).

Cabral alleges a lengthy list of legal errors made by the trial judge.

The Nation says that serious legal errors made by the federal Crown and NEB have led to a flawed and unlawful review process that puts Burrard Inlet and all peoples who live here at risk.

Not exact matches

But the church, in taking hold of the God part, seems to be making the error of owning the legal part also.

HMRC say that the current VAT penalty regime (which identifies careless or deliberate errors) requires HMRC to specify whether they are alleging one or the other of actual and constructive knowledge for the purposes of the penalty, whereas they do not need to make this distinction for the legal test in respect of the tax itself.

Over 100 candidates for state and local office in South Carolina made the same legal error.

In the same series of tweets, Trump suggested that people hurt financially by a reporting error made by ABC News» Brian Ross should take legal action.

James» submission, Belkin added, «essentially repeats the same legal errors already made by the tenant - plaintiffs in misstating the law, the applicable regulations and the clear legislative history, all of which demonstrate that the owner was lawfully permitted to deregulate apartments, notwithstanding a 421g tax abatement.»

Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Web site, whether based on warranty, contract, tort or any other legal theory, and whether or not AAAS is advised of the possibility of such damages.

IN NO EVENT SHALL EBOOK ARCHITECTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND / OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 22 of the UECA says that an electronic document (such as a contract or offer to contract) has no legal effect if a material error is made with the electronic agent of another party and the electronic agent did not provide an opportunity to prevent or correct that error.

To counteract these four common errors, make the following choices when planning your legal content editorial lineup:

The appeal was allowed as the trial judge made an error by failing to provide jury with a proper summary of the evidence, having referred frequently to the claimant's «entitlement» to compensation, without adequate emphasis on the question of legal causation.

As I warned my conversant, and as I'll warn you, I'm a complete amateur when it comes to legal ethics, and I fully expect to be schooled by Alice Woolley or Malcolm Mercer for the elementary errors I'm about to make.

The Court of Appeal found that the trial judge made an error of law by ignoring the legal doctrine that an agreement that is signed in counterparts forms a binding agreement as demonstrated in Foley v R., [2000] 4 CTC 2016 (TCC).1

In the appeal, Diamond's lawyers argued that Anand made a number of legal errors and that his decision was unreasonable.

When Ash realised her judgement error, she contacted Quill and made arrangements to re-implement Interactive with additional back - up in the form of Quill's Pinpoint outsourced legal accounts service.

If it does, then the legal team will consult a group of experts, which could include an internist, a neurologist, or a nurse practitioner, among other professionals, depending upon who it was that made the medical error.

Following the opening remarks, each nation made submissions about their specific rights and interests affected by the pipeline, the legal errors affecting the decision, and their specific experiences of consultation.

In claims against professionals, such as claims against solicitors for errors that they have made when running your personal injury claims, Truth Legal may offer you a No Win, No Fee agreement to pursue your claim, if you do not have the benefit of Legal Expenses Insurance.

To succeed in a judicial review you need to show the court that the Residential Tenancy Branch (RTB) made a serious legal or factual error in the decision, or that the RTB process for making the decision was so unfair that the decision should be set aside.

Not long ago, the experienced Southern Illinois medical malpractice lawyers at Cates Mahoney, LLC were retained by a family to review their legal options after suspected errors were made during a medical procedure.

With regard to Weirton's third claim, the court held that even if Weirton were correct that the arbitrator erroneously applied a tolling provision, it declined to vacate the award «simply because the arbitrator made legal or factual errors.»

The main question before us is whether the [Canadian Human Rights] Tribunal made a reviewable error in deciding that this power to order compensation for «any expenses incurred by the victim as a result of the discriminatory practice» permits it to order payment of all or a portion of the victim's legal costs.

One of the best ways to learn is to watch the mistakes other companies, both in and out of the legal marketplace, have made during the initial trial - and - error phase.

As the appellant, if you believe a judge misapplied the law or legal precedent, improperly excluded favorable evidence or testimony, improperly admitted damaging evidence or testimony, allowed procedural errors to go forward at trial, or made other errors during the process of your case, I will examine the facts and provide you with an objective legal opinion before proceeding with the appeal.

If these professionals do make an error, which results in birth injuries, medication errors, misdiagnosis or even a complete failure to diagnose, it can be classified as negligence, warranting legal action.

The reasons to appeal a personal injury case generally involve a legal mistake made by a judge in ruling on an evidentiary matter or errors made by a lawyer during the trial of your case.

Although surgical errors are generally unexpected, they are always avoidable, thus making them instances that need to be addressed by the legal system.

If a doctor makes an error in prescribing a medication for a patient — say, by prescribing a medication that would cause a fatal interaction with other medicines the patient is taking — but the hospital pharmacist catches the doctor's error before the medicine is actually given to the patient, the patient does not have a medical malpractice case against his doctor because of the legal requirement that the malpractice must cause harm to the patient.

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The judge will look at the evidence that was presented to the justice of the peace to decide whether some legal error was made.

If in doubt about this, get legal advice as making an error could be problematic.

If you don't have a lawyer before a legal separation agreement, things can become murky or confusing and there's a good chance that you'll make errors while filing and / or fighting for your legal rights during the separation.

The Court of Appeal would only interfere with the trial judge's decision if the decision was «marred by legal error, or by a failure to take relevant matters into account or it is such that the judge could not sensibly have made».

The Court observed that it could not interfere with those findings in the absence of a finding that the chambers judge had committed a palpable and overriding error in making them, or had proceeded on the wrong legal principle or applied the wrong legal test to them.

Therefore, RA Legal was liable for the buyer's loss as a result of minor errors it made.

The judge below, Mr Justice Haddon - Cave, had made factual and legal errors in his decision to make no order for inter partes costs.

If the employee signs the Employee Testing Consent Form he or she also authorizes the testing of the samples by a laboratory, agrees to disclose any relevant information to any government entity involved in legal proceedings related to the test, and consents not to sue the employer (even if the employer or laboratory representative makes an error in the process of administering, or analyzing, the test or its results).

They have to, because law societies have not sponsored the creation of the specialized support services, the use of which will make legal services affordable; (3) the recommendations of A2J committees are never submitted to trial - and - error learning.

It said executors can be held responsible for errors made in the distribution of assets, can face legal claims from beneficiaries and can be forced to compensate the beneficiary out of their own pocket.

In our view, and with respect to the contrary opinion of the Court of Appeal, the trial judge made legal errors in his analysis of the offence and the Crown has met its burden of showing that these errors might reasonably be thought to have had a material bearing on his decision to acquit.

As a consequence, many choose to issue proceedings or even choose to defend a claim without obtaining legal advice; the consequences of making an error in the latter scenario particularly can be serious and far reaching.

Thus, the judge had a good deal of discretion in making his decision and would only be reversed by the appellate court if he made a legal error or if the evidence was insufficient as a matter of law.

Kiser's 2008 article «Let's Not Make a Deal» in JELS (the leading peer - reviewed empirical journal on legal topics) documents the pervasiveness of errors among lawyers in the decision to reject a final settlement offer and proceed to trial.

They alleged that the Commissioner's decision had caused them reputational, economic and psychiatric harm suffered as a result of errors made by both the Metropolitan Police Service and the Director of Legal Services at the Met, in the preparation and conduct of the defence to Mr Ahmad's claim.

make an apology to the client; do more work to correct or mitigate an error or omission; refund or reduce legal fees; or pay compensation for losses suffered or for inconvenience or distress experienced by the client.

Given that expert evidence has fea - tured for centuries in the English legal system it is surprising that some simple and glaring errors are still made or found in the courts.

Given the manifest errors in it, I find it depressing that a Bencher, a leading member of the legal profession, would make such an argument)-- and other opponents of TWU is that with a modicum of critical analysis they fall apart (see http://ifiwantedyouropinion.com/2014/05/08/law-society-of-upper-canada-sticks-it-to-christians-and-the-law/, for an examination of other, similar, arguments).