Sentences with phrase «occurrence of damage»

Rather, if the judgment reflects the current state of the law on s 14A, then the state of the law would appear to: (a) conflate the occurrence of damage with the occurrence of a right to bring an action for damages; (b) conflate mere knowledge of damage with knowledge of necessary, relevant facts about that damage; and (c) render of no effect the essential element of s 14A (7) that the hypothetical action to be instituted by the reasonable claimant is an action for damages, and not some other remedy arising from the breach.

Lord Bingham applied the principle enunciated in Hughes v Lord Advocate [1963] AC 837, [1963] 1 All ER 705 to the effect that a tortfeasor who reasonably foresees the occurrence of some damage need not foresee the precise form which the damage may take.

The trial judge interpreted the defects exclusion so as to only exclude those costs of repair that would have remedied the defect immediately prior to the occurrence of the damage, and based on the evidence the costs of implementing proper shoring / framework procedures were nil.

Recall that the Economic Community Of West African State, ECOWAS, Court of Justice had in December 2012 ordered the government to hold oil companies and other perpetrators of the environmental damage accountable, ensure reparation for the collective harm done to the communities; restore within the shortest possible time the environment of the Niger Delta; and prevent the occurrence of damage to the environment.

Not exact matches

Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed on September 19, 2006, and Gross v. Babbio, et al., filed on November 21, 2006, were filed in Chancery Court, County of New Castle, Delaware; both seek to recover damages for alleged breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged breaches of fiduciary duty.

On Monday, the Oklahoma government acknowledged the increasing danger of man - made earthquakes and said the state will take action to prepare for the quakes, which could do considerable damage since the state's building codes aren't as strict as those in states like California, where earthquakes have long been regular occurrences.

So far, no one has reported significant damage, though all of these occurrences are raising fears among experts that a major earthquake is building.

So far, no one has reported significant damage, though all of these occurrences...

Perennial flower strips can increase the occurrence of predators in the orchard and thereby reduce fruit damage.

If there is an occurrence of vandalism, theft or damage or in case of emergency at a garden plot site, the gardener should contact the Fox Valley Park District Police at 630-450-7024.

But the most damaging of all these scenarios is the current spate of insecurity in the country; an occurrence that points to the fact that the federal government may not be promising a firm security for the exercise.

It was the largest flood of the lower Mississippi ever recorded, and University of Illinois» researchers took advantage of this «once - in - a-scientific-lifetime» occurrence to study the damage, funded by a National Science Foundation Rapid Response Grant.

The scientists developed a method that translates the occurrence probability of flood events into the probability of inundation damage.

In the Baltic Sea, the occurrence of the warty comb jelly, Mnemiopsis leidyi, which is considered to be an ecologically damaging alien species, is limited to south of the Bornholm Basin, and it has not been found in Finnish territorial waters.

The general public might say that these occurrences are an indictment of the new methodologies; however, one of the most remarkable facts is the minimal damage suffered by LTCM during the catastrophic events which rattled the global financial markets during the summer of 1998.

They found that inhibition of one component of DNA damage response machinery, a protein called DNAPK - kinase, increased the occurrence of translocations almost 10-fold.

«A lethal combination of increased occurrence and severity of bleaching, along with ocean acidification, will mean that already severely damaged reefs will undergo a catastrophic decline in the next 40 years,» warns Rogers.

Usually following the increased occurrence of solar flares, some of these bursts of magnetic energy have such intensity that they can knock out electrical power grids, affect satellites and disrupt telecommunications — and a single event could cause $ 15 billion worth of damage in Europe alone according to ESA estimates.

The main concern is the increased occurrence of kidney stones and kidney damage due to the «high - protein» nature of ketogenic diets.

However, if you stretch the muscles towards the end of your workout you instantly return them to their former length which reduces the occurrence of chemical and metabolic damage and therefore enhances recovery.

The main concern is the increased occurrence of kidney stones and kidney damage.

It is a usual feature of processed foods, which is where the problem begins: processed foods are perhaps the most damaging part of most people's diet, contributing to the occurrence of disease and poor health.

(6) Notwithstanding the foregoing, the Contractor shall bear the first $ 5,000 of loss or damage from each occurrence or incident, the risk of which the Government would have assumed under the provision of this paragraph (b).

(f) The Contractor shall give the Contracting Officer written notice as soon as practicable after the occurrence of a loss or damage for which the Government has assumed the risk.

Water damage isn't always covered by your home insurance if it's not the result of an accident or sudden, unexpected occurrence.

90 - day coverage from date of purchase against theft and accidental damage on eligible purchases up to $ 10,000 per occurrence, not to exceed $ 50,000 per calendar year.

90 - day coverage from date of purchase against theft and accidental damage up to $ 10,000 per occurrence.

Now considerable environmental damage coverage: claims could be filed decades after occurrence, settlement could take years, and the size of the claim could be significantly larger than anticipated.

All of these occurrences results in financial damage on the business» end.

Your Henderson, NV renters insurance policy covers «up to $ 1,000 per occurrence for property damage to property of others caused by an insured.»

If an item you buy with one of the cards is damaged or stolen within 90 days of purchase, Amex may reimburse you up to $ 1,000 per occurrence.

A probability or threat of damage, injury, liability, loss, or any other negative occurrence that is caused by external or internal vulnerabilities, and that may be avoided through preemptive action.

While there have been no studies that involved looking at cropped vs non-cropped Dobermans, it is believed that cropping dramatically reduces the occurrence of ear infections and hematomas (blood blisters caused by damage to the ear tips, commonly from hard shaking of the head).

I do by these presents release the Routt County Humane Society, its employees, officers and volunteers from any and all injuries and damage to me and my property, or my death, arising out of or related to any happening or occurrence while I am engaged as a volunteer at the Routt County Humane Society, and for the same consideration, I promise to release and convenient not to sue said persons and the Routt County Humane Society and agree to forever hold them, and each of them, harmless from any such liabilities, claims, demands, actions or causes of action.

2 Symptoms of the disease include fever, lethargy, anorexia, nasal discharge and cough.2 Although EHV - 1 can cause outbreaks of abortion, EHV - 4 has been associated with only isolated occurrences and is not a risk for contagious abortions.3 Equine herpesvirus can cause damage that goes beyond horses.

90 - day coverage from date of purchase against theft and accidental damage on eligible purchases up to $ 10,000 per occurrence, not to exceed $ 50,000 per calendar year.

The Purchase Protection Plan insures eligible purchases made on your card against accidental physical damage and theft up to a limit of $ 1,000 per occurrence for 90 days following the date of purchase.

Seasoned raider difficulty reduces occurrences of health regeneration to only being outside of combat and enemies having increased health, damage and senses, while survivor difficulty entirely disables health regeneration, further increased health, damage and senses for enemies and more challenging enemy types will be present resulting in the hardest combat in addition to upgrades and equipment being more expensive and requiring resources before being able to use a camp.

When the resilience also referred to as sanity of an enemy is reduced to 0; it will leave the enemy is a daze which will greatly reduce their statistics for a single turn, therefore providing an ideal opportunity for you to deal a large amount of damage to the enemy, although the dazed state will wear off after a single turn for both sides as your allies are as vulnerable to such an occurrence as your enemies.

The aftereffects of historical occurrences (iconoclasm), risk economics (implosions) and geological processes (earthquakes & implosions) are revealed in fracturing and damage.

Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.

In particular, he cited a graph that was included in the report that showed a relationship between rising temperatures and the increasing costs of damages from weather - related occurrences.

While the changes in both the mean and higher order statistical moments (e.g., variance) of time - series of climate variables affect the frequency of relatively simple extremes (e.g., extreme high daily or monthly temperatures, damaging winds), changes in the frequency of more complex extremes are based on changes in the occurrence of complex atmospheric phenomena (e.g., hurricanes, tornadoes, ice storms).

However, while annual peak daily streamflow (APDF) during the spring freshet in the FRB is historically well correlated with basin - averaged, annual maximum snow water equivalent (SWEmax), there are numerous occurrences of anomalously large APDF in below - or near - normal SWEmax years, some of which have resulted in damaging floods in the region.

However, while annual peak daily streamflow (APF) during the spring freshet in the FRB is historically well correlated with basin - averaged, April 1 snow water equivalent (SWE), there are numerous occurrences of anomalously large APF in below - or near - normal SWE years, some of which have resulted in damaging floods in the region.

«Wildfire occurrence statewide could increase several folds by the end of the century, increasing fire suppression and emergency response costs and damage to property.»

These molecules can help prevent damage to coral tissue during oxidative stress [2], and likely reduce the occurrence of bleaching in response to oxidative stress [50].

Two key objectives of the framework are: the prevention of loss and damage through mitigation and adaptation efforts, and compensation and rehabilitation following the occurrence of loss and damage.

Hence the damage to canopy trees by fires depends on the factors that control intensities and return intervals: temperature, humidity, duration of the dry season, occurrence of dry season rainfall, sources of ignition, and fuel loads (Adams, 2013).

Unless the damage is perceived as an immediate crisis affecting us within our homes, the vast majority of Americans will be frustrated at the occurrence but will do little in the way of productive action.