Sentences with phrase «new common law duty»

With respect to whether the court should recognize a new common law duty of honesty in contractual performance - under the broad umbrella of the organizing principle of good faith performance of contracts Justice Cromwell held that the Court should.

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

Not exact matches

Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

He noted the changes to Rule 53.03 did not create new duties but codified and reinforced basic common law principles.

On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligenLaw article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligenlaw securities claims for breach of fiduciary duty and gross negligence.

In another recent decision of the SCC, Bhasin v Hrynew, 2014 SCC 71, the Court recognized a new common law contractual duty: the duty of honest performance.

In Bhasin v Hrynew (2014 SCC 71), the Supreme Court of Canada charted a new course for Canadian common law contracts, stopping just short of holding in favour of a general duty of good faith.

Under the umbrella of the duty of good faith, the Supreme Court also recognized a new common law contractual duty: the duty to act honestly in the performance of contractual obligations.

Based on ground - up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant / irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles.

Director of Human Resources / HR Consultant — Professional Duties & Responsibilities Oversee the planning, direction, and management of all HR - related activities including staff recruiting, candidate tracking, personnel screening and testing, and hiring processes in accordance with Affirmative Action and Equal Opportunity Employment regulations Support senior management to develop and maintain personnel policy and ensure compliance with all standards, authoring and implementing new policies and procedures as needed along with creating HR procedure manual Serve as lead analyst for compensation reviews, performance and pay - scale benchmarking, market studies, and salary structure decisions, also creating organizational / staff planning charts for all departments and all positions Create and deliver firm - wide staff new - hire orientation, training and development programs, and performance evaluations utilizing a competency - based appraisal system which leads to focused training and development programs based on common and individual areas of performance deficiency Manage all aspects of workers compensation and unemployment claims on behalf of employer, attending hearings and participating actively in all related meetings Hold responsibility for all benefit negotiations, administration, and plan reviews, promoting compliance with and effective execution of IRS / DOL regulations, ERISA, HIPPA, and all audit - related processes Implement and sustain safety programs while performing regular safety - policy trend analyses to identify critical issues, developing corrective action plans to ensure compliance with applicable safety, health, and environmental regulations including OSHA and other applicable laws Consult with management regarding employee - and labor - related issues to resolve conflicts in a professional manner, conducting grievance hearings and negotiation agreements with worker representatives within the provisions of any applicable contract Provide relevant guidance and administration to the development of human resources site on firm intranet, housing online - employment forms, manager resources, job postings, and HR - related forms and documents Develop valuable staff relationships to improve workplace morale as well as maintain positive business relationships with all related brokers and vendors