Sentences with phrase «liability theory where»

Not exact matches

The cover letter may also include a brief summary of the theory of the case including liability and damages, where the case is at in the litigation, what immediate action is necessary, and any unusual circumstances.

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

The legal profession does not agree about what exactly is meant by «injury to Aboriginal culture,» what are the defining characteristics of the wrong, what theories of liability support it, how causation may be determined, where the chain of causation ends and how damages should be conceived and calculated.

Social host liability is the theory that the host of a party on private property, where alcohol is served, could be liable for injuries caused or suffered by a guest who leaves the part intoxicated.

First, she argued it was a mistake for the lower court to grant summary judgment on her premises liability theory, since a gun was brought to a place where guests were imbibing alcohol.

The court explained that the state where the accident arose does not use a strict liability theory for product liability cases, so a plaintiff must proceed under an implied warranty or negligence theory.

While the lower court found the hotel owed no legal duty to the couple (co-plaintiffs), the appellate court said the «negligent undertaking» theory of liability can be invoked where one comes to the aid of another but fails to do so with reasonable care.

Co., the Court created a common law theory of liability of a social host «to a person injured by an intoxicated guest's negligent operation of a motor vehicle where a social host who knew or should have known that his guest was drunk, nevertheless gave him or permitted him to take an alcoholic drink and thereafter, because of his intoxication, the guest negligently operated a motor vehicle causing the third person's injury.»

The economic loss doctrine bars a plaintiff from recovering certain money damages under a tort theory (e.g. negligence, products liability, property damage, etc.) where a contract defines his relationship with a defendant.

«In this case of first impression, the majority holds that a wife who sues her husband claiming that he negligently infected her with the human immunodeficiency virus (HIV) is not limited to a theory that he did so knowing he was HIV positive but that liability also extends «to those situations where the actor, under the totality of circumstances, has reason to know of the infection.»»