Sentences with phrase «liable under»

Thus, the court held that Wiechert was liable under the Act and allowed treble damages.

The court found that the builder was directly liable under both claims; it also used agency principles to find the brokerage liable under both claims for the misrepresentations of its agents.

If more than one person is liable under subsection (a) or (b) with respect to any one prohibited transaction, all such persons shall be jointly and severally liable under such subsection with respect to such transaction.

Thus, the Buyer could be liable under the Act and so the court reinstated the jury award under the Act.

This commitment to education is imperative because, like it or not, brokers are and will be held accountable and liable under the law for the actions and statements of their salespeople, whether they are independent contractors or employees.

Transferees not liable under commission agreements to which they were not a signatory, absent affirmative assumption.

The purpose of the Act is to: (i) empower the Board to regulate and control the business of real estate in The Bahamas, (ii) to empower the board to conduct such examinations and courses as it deems necessary to promote and maintain high ethical and professional standards of conduct between BREA licensed members and the general public in real estate transactions, and most importantly, (iii) to give the general public the assurance and understanding that all BREA licensed real estate brokers and salesmen are professional, accountable and liable under the provisions of the Real Estate (Brokers and Salesmen) Act, 1995.

A Washington appellate court has considered whether a nonprofit trade group for mobile home park owners could be liable under the state's consumer protection laws for creating a model lease form that did not conform to state law.

The court stated that in order for the Brokerage to be liable under a theory of respondeat superior, the jury would need to find that the Salesperson was acting within the scope of her duties for the Brokerage.

The highest court in Maryland has considered whether a leasing representative could be liable under the state's lead paint laws for a tenant's alleged exposure to lead paint while living on the leased premises.

A New Jersey appellate court has considered whether a salesperson could be liable under the state's consumer fraud statute for misstating the name of the community in which a property was located.

The court held that although the seller's agent had not «sold» anything to the buyer, he was liable under the DPTA, which allows for treble damages.

The Supreme Court of Massachusetts held that a landlord was not liable under a state statute making unlawful any «unfair or deceptive acts or practices in the conduct of any trade or commerce» where he leased an apartment to a young, childless couple without disclosing the possibility of lead paint in the apartment.

The court found that the developer met the good faith exception to the general rule of procuring cause, and was not liable under either breach of contract or...

The court found that the agent was liable under the DPTA and assessed treble...

The court also held that Spec was not liable under a constructive trust claim, as Spec was not unjustly enriched by its dealings with the Gurtins.

The court found that the developer met the good faith exception to the general rule of procuring cause, and was not liable under either breach of contract or constructive trust claims.

The physician is potentially liable under the legal doctrine of respondeat superior, and can also be liable under the theory of negligent delegation.

The district court stated that Allied and Sirva were not liable under the HRL because they did not employ the plaintiffs.

It asserts that some expenses are liable under the act if the amount is beyond Rs. 3,000 contingent upon a hotel and all the expenses drawn in a restaurant.

The insured may authorize the repair of the vehicle necessitated by damage for which the Company may be liable under this Plan provided that:

The Company will not be liable under the Policy in respect of payment towards treatment taken due to:

The Company will not be liable under the Policy in respect of payment towards treatment taken during the first 30 days of commencement of the policy.

Below mentioned expense are covered under the scope of plan subject to authorization by the insured to repair of the vehicle necessitated by damage for which the Company may be liable under this Plan provided that:

Fire damage to rented premises for which you are legally liable under common law (not because of a contract) is covered under Bodily Injury and Property Damage Liability.

In order to be liable under the theory of Premises Liability, the owner of land (or occupier, as the case may be) must have notice of the dangerous condition.

Of course, the negligent bus driver may be held liable under these circumstances as well.

A similar exemption applies for those persons liable under the extended liability (s. 52) and vicarious liability (s. 53) provisions in CASL, in cases where the corporation, employee or agent, as the case may be, who committed the contravention has entered into an undertaking or been served with a notice of violation.

The basis of the authority's submission was that, for the claimants, the market rate was the reduced level of fees for which they were liable under the agreement.

The house held by a majority of three to two that the defendants were liable under s 2 (2).

«A distributor is a link to the doctor and therefore the company would still be liable under FCAP.»

A municipality, however, may not be found liable under § 1983 «based on a theory of respondeat superior or simply for employing a tortfeasor.»

If he or she puts the resulting video up on YouTube, the operator is liable under the giving - publicity - to - private facts variant.

And even if it was not, or Kim Dotcom's Mega Upload service was liable under another section, the extension of that liability to the owners person is very rare outside US courts and highly controversial.

Accordingly, he found the council liable under the 1957 Act.

On appeal the respondent argued that in order for an employer to be liable under the regulations it had to be established that he knew of the use of the piece of equipment.

In certain circumstances, individuals can be held liable under dram shop laws for providing alcohol at a party or some other gathering.

A privatised utility such as Network Rail, for example, will be carrying out functions of a public nature in its role of regulating the railways and ensuring safety standards and in that capacity will be liable under the Act, whereas in its capacity as employer, it may not be liable.

On appeal, plaintiff asserted that he was not barred from piercing the corporate veil and holding Goei personally liable under the Act.

It is often said that corporations are not criminally liable under German law.

It was held that Dyason was personally liable under the contract despite having its negotiation removed from his control.

They held the carry - over of the effect of a governing collective agreement is restricted to that current agreement and does not survive any variation or renegotiation (partly because it is improper to hold the transferee liable under a fresh or varied agreement to which he was not a party).

The court had to decide if an employer can be held liable under Title VII for enforcing or condoning the social norm that it is acceptable for African Americans to say «nigger» but not whites.

(2) A person is not liable under subsection (1) unless the co-operative has been sued for the debt and execution has been returned unsatisfied in whole or in part.

In the first instance, TUI had not been held liable under the Package Travel Regulations because the claimants had not succeeded in establishing fault on the part of TUI or the hotel on the basis that they had taken care to comply with high standards of food hygiene; a finding which was not appealed.

Regardless of whether the Notice of Termination is given for landlord's own use under s. 48 or on behalf of a purchaser under s. 49, if the person who claimed to require possession under those sections fails to occupy the rental unit «within a reasonable time after the former tenant vacated the rental unit» (s. 57 (1) RTA), the landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 (3) RTA.

ISIS's Get Rich Quick Scheme: Sell the World's Cultural Heritage on the Black Market — Purchasers of ISIS Looted Syrian Artifacts Are Not Criminally Liable Under the NSPA and the McClain Doctrine in the Eleventh Circuit, 70 U. Miami L. Rev. 1068 (2016)

The U.S. Supreme Court on Monday agreed to hear an appeal of a precedential Third Circuit decision holding that companies can be held liable under maritime law for asbestos - related injuries if a manufacturer could have reasonably foreseen asbestos would be later added to its product.

Although Ms. Robinson is unable to say what precisely she slipped on, the Appellant is found 100 per cent liable under the Occupiers Liability Act, RSBC 1996, c 337.

For a corporate director to be found personally liable under the oppression remedy for wrongful dismissal damages two criteria must be met.