An Indiana appeals court has determined that a real estate professional was
liable because he failed to inform a buyer about an easement obligation.
If you are rehabbing, doing the repairs, doing the property management I have been told you are still
liable because you are performing those duties.
On appeal, the court said the listing brokerage was not
liable because it didn't know about the defects and had no duty to investigate the representations made by the seller.
The Court of Appeals of Maryland held that although the landlord could not be held to have notice of the presence of lead - based paint because of the age of the building (and other factors), the landlord could be
liable because of the complaints of the tenant about peeling or chipping paint.
The court also ruled that the sellers weren't
liable because the contract stated that the buyer hadn't relied on any representations when deciding to buy the property and had had a chance to fully inspect the property.
Your own liability policy would offer the defense coverage that you're looking for, you don't need the tenant's policy to respond for something like that even if you're both partially
liable because you both have your own coverage.
How is someone supposed to be
liable because they weren't able to accomplish that, if they didn't cause the fire?
Are any of the people here claiming that OP is
liable because they left the oven on unattended familiar with actual law concerning this?
It covers damages for which the insured is legally
liable because of direct physical loss to covered property.
Not surprisingly, none of the cases that equate but - for with substantial connection mention the Clements definition of but - for in paragraph 8 (some, after Clements, still don't cite Clements, but just Resurfice) nor this statement in Athey, at para. 41.2: «Even if the accidents played a minor role, the defendant would be fully
liable because the accidents were still a necessary contributing cause.»
And the most important fact that is missing is that the City of Hamilton was ultimately found
liable because there was a ditch on the hill that was dangerous to people tobogganing.
However, the city argued it should not be
liable because it did not owe the plaintiff a special duty.
As to (i) and (ii), the normal approach would debar the company's claim but the complication arises that the old case law on this suggests an exception where the company is not itself blameworthy and is only
liable because of the actions of the staff.
A court held the police department
liable because, although the officer was off - duty, he appeared to be on the job to a reasonable person.
The motorist would likely be held to be
liable because of making an improper turn under the California Vehicle Code or held liable for a bodily injury claim due to general negligence in failing to observe the cyclist prior to making the move to the right.
CCRL was not liable to compensate the claimant for the whole of the loss for which both tortfeasors were
liable because of the contributory negligence discount.
In Maryland, both would be jointly and severally
liable because they are both proximate causes.
Deloitte argued that it should not be responsible based on the defence of illegality (specifically that Livent can not recover because it engaged in illegal or immoral conduct) and that, even if the action is not barred for illegality, it should only be partially
liable because Livent was contributorily negligent.
Alternatively, the plaintiffs maintained that CAW - Canada was
liable because it had paid for a union representative to assist Local 4 during the strike.
It is sometimes difficult to find parties
liable because evidence disappears.
Despite the jury finding, Google proceeded with a non-obstante application that they were not
liable because they were not a publisher of the images, relying on cases from the UK, Metropolitan Schools Ltd v Designtechnica Corp»n [2011] 1 WLR 1743; Webb v Bloch [1928] HCA 50; Tamiz v Google Inc [2012] EWHC 449; and Bunt v Tilley [2006] EWHC 407, as well as the Canadian Supreme Court decision in Crookes v Newton [2011] 3 SCR 269.
But even if Jonas wasn't there, he could still be
liable because not only was the vehicle his, but the person driving it was reportedly acting in the course and scope of employment.
So, Bryan Smith, just like the defendant in Katko v. Briney, which I cited above, was found
liable because of his criminal intent - his plan to do what he did.
The plaintiff argued that although the utility was a landowner out of possession, the utility was
liable because it controlled the work of the subcontractor by contract and by conduct.
Wiencek also argues that the golf course is strictly
liable because its construction «created an artificial habitat for alligators that did not exist prior to the construction of the golf course, and specifically, the pond near the 11th hole.»
First, one of the PETA employees argued that she can't be held
liable because she didn't actually take Maya.
Is the town then
liable because it rejected TNR, since this failure to act may be deemed negligence?
In this case, the plaintiff's lead attorney argued that Smith should be personally
liable because his actions were negligent and against the best interests of the corporation.
Under the «but for» doctrine, you're
liable because her injuries would not have happened «but for your negligent spike of the volleyball.»
Yet a majority on the court ruled that the administrators who conducted the search could not be held personally
liable because of the uncertainty of the law in this area.
The court also rejected an argument that Bowman was not
liable because the beans themselves — and not the farmer — replicated Monsanto's patented genes.
If a blogger reviews items in return for payment or free products, they may be held
liable because the bloggers, unbeknown to their audiences, could be seen as shills for the companies.
The courts have been known on occasion to overlook a business's corporate status and find the shareholders / owners
liable because the business was run as if it were still a sole proprietorship or partnership.
Not exact matches
You should pay attention
because, depending on how the high court rules, you could find yourself personally
liable for things that happen in your business.
They then held that the deputies were nonetheless
liable for excessive force
because they had violated the Constitution's warrant requirement.
Which doesn't make it any more rational or sensible,
because whether you're in Paris, Tokyo or Tashkent, you are more more
liable to be killed by a car than to be victimized by terrorism.
Because most recruiters are
liable to scan your resume rather than read it word for word, utilize bolding, bullet points, and other stylistic devices to make the resume easier to skim.
Because he never incorporated Hanfree, Quest was personally
liable for the refunds.
But
because California is a non-recourse state, you generally won't be
liable for the deficiency if you experience foreclosure in the Golden State (note that this only applies to first mortgages on a home).
If any resulting liabilities of EHI are not satisfied by EHI and its direct and indirect owners, we will be subject to such liabilities
because we will still be a member of the EHI consolidated group at the time of the distribution and therefore jointly and severally
liable for unpaid taxes as a result of such distribution.
Remember just
because you read something on this site doesn't make the owners
liable for any losses that you may incur.
As with a sole proprietorship, partners are personally
liable for their business» actions
because they co-own the business» assets and liabilities.
T - Mobile will not be
liable to pay Sprint a breakup fee should regulators block the deal, according to sources who asked not to be identified
because that detail in their contract had not yet been made public.
Not many ex-Communists in fact posed this question,
because to do so would be to undermine the presupposition that binds Marxism with all modern forms of moral calculation; «the utilitarian attention to consequences rather than to actions themselves is
liable to lead to a continuous evaluation of the present only as it leads on to some future.»
A company that even printed out a contract like that would be
liable under the Civil Rights Act,
because it is illegal to discriminate in employment decisions on the basis of religion.
But while experience shows that the Catholics» answer to the fundamentalists lies in the base communities, only a minority of bishops have strongly pushed for them
because of the Vatican's frequently voiced concern that they are too «horizontal» — meaning that they are a democratic influence on a hierarchical church — and
liable to become involved in social and political issues.
It would be impossible to give men freedom of choice when the social organization has become so sensitive and delicate that every choice, even the most commonplace, is
liable to react on the community, and every opinion or feeling Is treated as a serious matter
because it may affect the Individual's productivity or social adjustment, or his human and public relations.»
Because she was the one who was threatened to be sued for
liable, etc..
At first glance, Whitehead's view might not seem
liable to the objection which I raised against Creel's
because Whitehead explicitly denies that the pure conceptual prehensions which constitute the primordial nature are conscious.
The ostensibly serious offerings of the media, on the other hand, represent a different menace precisely
because they are
liable to pass for being objective and authentic, whereas actually they, too, belong to the realm of fantasy.»