Sentences with phrase «liability clauses did»

Justice Glenn Hainey ultimately found that the limitation of liability clauses did not apply to BDC's claims based on Experian's fraudulent misrepresentations and breach of contract and therefore did not preclude or limit any damages award on these grounds.

Not exact matches

The renters insurance lease clause will generally require you to have a policy that covers at least a certain amount of liability, insures everyone in the household, and lists the landlord or their agent as additional interest so that they'll be notified if the policy cancels, lapses, or otherwise does not remain in force.

It also holds that a contractual clause limiting liability is unenforceable even where the breaching party did not commit a criminal act or egregious fraud....

The court ruled in favour of the defendant on other grounds and therefore did not need to examine the validity of the limitation clause, however the judge did state, obiter dicta, that if necessary he would have upheld the # 14K contractual liability cap as a fair and reasonable clause.

(2) Clause (1)(c) does not prevent an excluded driver or any other occupant of an automobile driven by the excluded driver from recovering accident benefits under a motor vehicle liability policy in respect of which the excluded driver or other occupant is a named insured.

The trial judge didn't suggest that, somehow, the agreement contained a clause that allowed the plaintiff to continue against the remaining defendant (s) for more than their own shares — their own shares would include a share based on vicarious liability, but that wasn't an issue in the case.

(3) The sum of the medical, rehabilitation and attendant care benefits paid under the motor vehicle liability policy for any one accident in respect of an insured person who does not sustain a catastrophic impairment as a result of the accident shall not exceed $ 1,000,000, and the limits set out in clauses 19 (1)(a) and (2)(a) do not apply.

(3) Clause (2)(b) does not prevent an excluded driver or any other occupant of an automobile driven by the excluded driver from recovering accident benefits under a motor vehicle liability policy in respect of which the excluded driver or other occupant is a named insured.

Thanks to some skilled lawyering on the part of BDC's counsel, the agreement contained a limitation of liability clause that did not exclude or restrict liability «resulting from fraud.»

In other words, some states operate on a strict liability clause that places legal responsibility on the owner — even if (s) he did nothing wrong regarding their obligation to protect others from an attack.

A TOS clause whereby users must vow that they have a right to upload the material does not remove your liability.

There's no «only» clause in there, so it doesn't prevent them from making other changes other ways, and it wouldn't invalidate a mutual agreement to release from liability for prior breaches.

Liability, or collision coverage, generally does not cover floods, but you might still have a clause in your insurance contract that could help you receive money for repairs, so check your policy carefully.

For example, the standard ISO general liability policy contains a clause in the Conditions section entitled When We Do Not Renew.

The renters insurance lease clause will generally require you to have a policy that covers at least a certain amount of liability, insures everyone in the household, and lists the landlord or their agent as additional interest so that they'll be notified if the policy cancels, lapses, or otherwise does not remain in force.

Vermont court rules that pre-suit mediation clause and limitation of liability provisions contained in a purchase & sale form contract created by the state association did not violate the state's consumer fraud laws.

649 DOS 02 DOS v. Holzbach — disclosure of agency relationships; proper business practices; sanctions; unauthorized practice of law; vicarious liability; broker fails to timely provide agency disclosure form to buyer although disclosure form could have been faxed to and received from buyer; broker back dated agency disclosure form demonstrating incompetency; use of designated agent form without the use of required agency disclosure form pursuant to RPL § 443 (4); use of «removal of contingency» addendum to contract which did not contain an attorney approval clause and was not on a form jointly approved by the County Bar Association and REALTOR Association constituted the unauthorized practice of law; corporate broker liable for the acts of its representative broker; proper to impose a higher fine after hearing than that which was offered in settlement (joint fine of $ 2,000.00 offered); associate broker fined $ 2,000.00, representative broker fined $ 1,000.00, and corporate broker fined $ 2,000.00

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained