When blasting results in direct damages or injuries, meaning injuries caused by debris, explosives, etc., a strict
liability standard applies.
Not exact matches
Standard Plus ProtectionService Contract is purchase for you through our document fee, service contractcovers Engine, Transmission, Turbo Chargers / Superchargers Cooling System, FuelSystem, Starter System, AC, Differentials and Transfer case for 90 day 3000miles, Limits of
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A few final notes: 1) the
standard of broadly matching asset and
liability cash flows should be
applied to all regulated financial institutions, including investment banks.
On the other hand, if you were injured because of a manufacturing defect in your ATV, a strict
liability standard may
apply.
Premises
liability law in Indiana can be complex, and the
standard applied by the courts depends heavily on the facts as well as the relationship between the parties.
Courts will
apply the strict
liability standard to toxic tort cases if they feel the polluter was partaking in something abnormally dangerous.
For instance, in a personal injury case involving a defective product, the final jury instructions will include information on both personal injury law and products
liability law, as well as an explanation of the general negligence
standard that may
apply to both personal injury and products
liability cases.
To date, the two DPAs secured in the United Kingdom have not faced any difficult application of corporate criminal
liability:
Standard Bank plc related to the strict
liability offence of failing to prevent bribery under section 7 of the Bribery Act 2010; XYZ Ltd
applied to a small company in which the directing mind and will was easily identified.
Contract — Exclusion clause — Defendant contracting to overhaul engines of plaintiff's tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff's or defendant's
standard terms
applied — Whether defendant entitled to limit
liability to price of quotation.
When pursuing a claim for damages against a tour operator, the question of
liability is decided with reference to local
standards, rather than those that
apply in the UK.
The report's authors examine whether rules applicable to other automated areas, such as aviation, can be
applied, but reason that: «it is not possible to
apply the
liability rules from other automated areas to automated driving», and that international
liability standards with clear rules are needed.
The
standard is «unreasonableness» and this
standard applies to
liability as well as to amount.
To date, three of the four DPAs secured in the United Kingdom have not faced any difficult application of corporate criminal
liability:
Standard Bank plc related to the strict
liability offence of failing to prevent bribery under section 7 of the Bribery Act 2010; XYZ Ltd
applied to a small company in which the directing mind and will was easily identified; Rolls - Royce related to the strict
liability offence of failing to prevent bribery as well as substantive offences of bribery and corruption involving, on the facts as admitted by Rolls - Royce for the purposes of the DPA, controlling minds of the company.
Furthermore, in addition to the governance measures applicable to shareholding companies to enhance the protection of the interests of the shareholders, CCL provides provisions to
apply certain corporate governance in all types of companies; this requires significant changes in the duties and
liabilities of the managers and partners, such as: the provision to avoid any conflict of interests for the managers; the
liability of the company for the actions of its employees; each company shall have an authorised auditor; each company must have annual accounts with commitment to prepare annual financial accounts, including the balance sheet and profits and loss accounts,
applying international accounting principles and
standards.
If the appeals in OBG and / or Mainstream had succeeded, then
liability in economic tort would thereafter have depended not upon proof of a subjective intention to break contracts but upon some objective
standard similar to that
applied under the law of negligence.