Sentences with phrase «not negligent»

The court found that the vendors were not negligent, did not make fraudulent or negligent misrepresentations and were honest.

Parties can only recover «benefit - of - the - bargain» damages for intentional misrepresentations, not negligent misrepresentations when there is not a special statute otherwise regulating the conduct.

«At least identifying situations helps show that ownership is not negligent, a frequent basis for liability claims,» explains Whitman.

The seller was found to be personally not negligent; however, she was vicariously liable for her Realtor's negligence and misrepresentation.

The Florida statute gives employers the benefit of the doubt in negligent hiring suits, presuming they are NOT negligent if, before hiring the employee, the employer conducted a background investigation of the prospective employee and the investigation did not reveal information that reasonably demonstrated that the individual was unsuitable for the particular work or employment in general.

It's not negligent to leave the home you're house sitting.

If there's an apartment fire in Hawaii, are you willing to stake your future earnings on the fact that it was the outlet and not your negligent use of the microwave that caused the fire?

In 99.95 % of apartment fires, the landlord was not negligent and did not contribute to the cause or escalation of the fire.

Update: In other coverage, Reuters reports that «State high court says Virginia Tech not negligent in 2007 massacre.»

In my view, Ontario was not negligent when it deposited waste material on the farm in the 1960s.

That involved considering how the claimant would have acted in the hypothetical circumstances that the defendant's advice was not negligent: the claimant had to show how they would have acted on the balance of probabilities, and also that there was a substantial chance that the Swedish companies would have agreed to settle on terms that the claimant would have accepted: Allied Maples Group v Simmons & Simmons [1995] 4 All ER 907.

As the judge correctly stated, this involved considering how Levicom would have acted in the hypothetical circumstances that Linklaters» advice was not negligent: Levicom had to show how they would have acted on the balance of probabilities, and also that there was a substantial chance that the Swedish companies would have agreed to settle on terms that Levicom would have accepted.

The court held that the school was not negligent in organizing and supervising the football program and the injury was caused by the normal risks of the game.

She sued her driver but the lawsuit was dismissed with a Jury finding the driver was not negligent.

There have been a few successful cases relating to the negligent treatment of MRSA but not the negligent contracting of MRSA.

The effect of the maxim is in some dispute with some authorities requiring only that an alternative explanation be raised as in Colvilles v Devine [1969] 1 WLR 475, [1969] 2 All ER 53 requiring the defendant to prove they were not negligent as in Henderson v Jenkins and Sons [1970] AC 282, [1969] 3 All ER 756.

Judgment was handed down on 16 January 2015 and Rose J found that Sotheby's was not negligent in their assessment of the Painting.

If the jury decides that the plaintiff would have been injured even if the defendant (s) was not negligent, causation is not made out and the defendant (s) is not liable.

The jury awarded the Kidds $ 16 million in non-economic damages and found that Mr. Kidd was not negligent.

It is important to remember, however that the person being sued must prove the injured person was also responsible for the accident, rather than the person proving they were not negligent.

California joins 27 other states with a strict liability law for dog bites — the law states California dog owners are strictly liable for dog bite injuries, even if the owner was not negligent and the dog has not bitten anyone before.

The NHSLA reported that there is an increase in claims that clearly were not negligent due to poor investigation by lawyers who do not specialize in clinical negligence, a complex area of law which deals with misdiagnosis, incorrect and delay in treatment, and injury or death from treatment.

Ultimately, the court concluded that the school was not necessarily immune from liability in all circumstances involving gym class injuries, but given the facts of this case, the school was not negligent.

Initially, the driver was not negligent; but if the trucking company failed to properly maintain their vehicle, that policy may be in play.

It is important to note that you are not responsible for proving you were not negligent, rather the defendant must show you were negligent.

Comparative negligence, however, is a defense, therefore the defendant in the case must prove your negligence rather than you proving you were not negligent.

Doctors defending delayed diagnosis cases will claim that they were not negligent.

In some provinces and in certain circumstances, the defendant must provide evidence showing that they were not negligent, as opposed to the plaintiff proving that they were.

A key question to which practitioners may have been hoping for a clear answer was whether or not negligent or even innocent misrepresentations could be used to set aside a consent order.

Instead, the burden is placed on the party who struck the other vehicle from behind to prove that he or she was not negligent.

The defense argued that the collision was caused by the driver's own negligence in running into the truck, that the traffic ticket given to the truck driver was not enough to create negligence per se and that the truck driver was not negligent in parking the truck there.

After reviewing each of the plaintiff's claims, the court determined that the condo association was not negligent in any way and affirmed the lower court's ruling.

Under Florida law, the rear driver has to present sufficient admissible evidence to the jury that fairly and reasonably shows that the rear driver was not negligent.

However, less commonly, sometimes the plaintiff can shift the burden to the defendant to prove it was not negligent.

Under this doctrine, the judge in any rear - end accident claim will assume the rear driver is at fault unless the rear driver presents evidence supporting a reasonable explanation of why he or she was not negligent.

The judge found that it was clear that this was an intentional act and not negligent and stated at para 68,» Based upon the analysis which I have just explained, I am satisfied that the matter at bar is most appropriately understood within the context of the intentional tort analysis.

Essentially, in a rear - end collision, instead of the driver who was struck and injured having to prove that the rear driver was negligent, the rear - ending driver must present proof that he or she was not negligent.

It argued that the woman should have used her cane to help her navigate through the aisle and that it was not negligent.

This means that the dog owner can be liable for dog bite injuries even if the owner was not negligent.

The injured person is not negligent; they assumed the risk of a certain activity.

«Show me a failed venture in Mexico and I will show you a naive, if not negligent, business development team,» he says.

The evidentiary details are the means by which Mr. Skurka intends to prove his defence that he was not negligent or in breach of fiduciary duty and his allegation that Mr. Jacobson suffered no damages because he is not an innocent man.

Texting and driving is nothing if not negligent, and it is a risk which nobody should take, yet astonishingly, many do.

The court accepted the plaintiff's expert's evidence that if H believed that a motion to amend was desirable, and that belief was reasonable on the facts and circumstances as known to her at the time, H was not negligent.

it is not negligent for a solicitor to fail to confirm a non-retainer in writing, although it is prudent to do so.

Once the Crown Attorney has proven beyond a reasonable doubt that the defendant committed the act, it is then open to the defendant to prove, on a balance of probabilities, that he or she took reasonable care to prevent the harm from occurring, or, in other words, was not negligent.

R produced expert medical evidence that the physicians in the underlying action were NOT negligent.

Following a hotly contested trial, the jury found that all healthcare providers were not negligent and that the obstetrical resident was not liable for informed consent.

In doing so, Corbett, J. found the law firm was not negligent in its unsuccessful effort to defeat the enforcement in Ontario of the foreign judgment, nor was it negligent in failing to advise the lawyer to immediately sue LAWPRO, once the enforcement action was commenced in Ontario.

Although products liability law has evolved from the days of «caveat emptor» (let the buyer beware) to the imposition in appropriate cases of «strict liability,» under which manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent, the personal injury plaintiff still has a job to do.