Sentences with phrase «of a legal duty owed»

Negligence is a legal term describing the breach of a legal duty owed to another.

Not exact matches

James C. Koslowski of the National Recreation and Parks Association believes that participants in youth programs are owed the following legal duties...

Domestic animals, it is argued, should be regarded as full citizens with legal rights and complex sets of positive duties owed to them.

The Vice President said those in the legal profession owed themselves a duty to preserve the administration of justice system.

If there is no legally recognized duty of care to the family owed by the defendants, there is no legal justification for a protracted and expensive trial.

The D.C. Bar Legal Ethics Committee has issued an opinion finding that a lawyer owes a duty to maintain the confidences of someone who never hired him and never spoke to him.

They could finance the automation for providing routine legal services, but such automation is something that the legal profession can provide for itself, better by itself without: (1) law offices having to be owned by investors; and, (2) the risk of the fiduciary duty owed to clients being suppressed by the resulting profit duty owed to investors.

On April 8 and 9, 2010, and all material times, Hamilton and Cassels Brock owed a fiduciary duty and duty of good faith to the Plaintiff, and were obligated to act with regard to the Plaintiffs interests and keep and protect the Plaintiffs confidences as a result of the relationship that existed as between the Plaintiff, Hamilton and Cassels Brock, including as a result of the legal advice that had been provided by Hamilton and Cassels Brock to the Plaintiff on or about April 7, 2010 at a time when the Plaintiff was vulnerable and dependent upon Hamilton and Cassels Brock and relying upon their professional advice.

One premises liability case recently weighed by the U.S. Court of Appeals for the Seventh Circuit considered whether a teetering tower of rolled insulation at a hardware store customer loading area was an open and obvious hazard, or whether the business owed a legal duty to address or warn of the potential danger.

In any case, these interpretations have strong implications for the legal profession and, in particular, the duty of confidentiality legal professionals owe to

Lawyers providing unbundled legal services owe the same duties of competence, diligence, loyalty and confidentiality to limited - scope clients that they owe to full - service clients.

In any case, these interpretations have strong implications for the legal profession and, in particular, the duty of confidentiality legal professionals owe to... [more]

An interesting case from the Massachusetts Appeals Court on an issue of first impression in the state, ruling that there is no legal duty of reasonable care owed by a defendant to a plaintiff who was injured during their consensual sexual conduct.

I'm much happier with the idea of a contractual relationship of obviously unequal parties in which each owes the other legal and ethical duties, with a fair day's work for a fair day's pay being a reasonable standard to which to operate.

In any case, these interpretations have strong implications for the legal profession and, in particular, the duty of confidentiality legal professionals owe to their clients.

This case was nationally reported because it focused on the unsettled legal question of to whom a listing, selling or cooperating broker owes a legal duty.

It was a well - established principle of the law of confidentiality that where information of a personal or confidential nature was obtained or received in the exercise of a legal power or in furtherance of a public duty, the recipient would owe a duty to the person from whom the information was received or it relates (in this case, the taxpayer).

Those legal issues largely turned on the application of OLA 1957, which sets out the core duties owed by occupiers to their lawful visitors.

In order to play a meaningful role in the development of blockchain - based technologies, we owe it to the public to create a legal profession with sufficient tech literacy, above and beyond what is typically understood to be included in the duty of technological competence in jurisdictions where this applies (i.e. «know enough not to mess up»).

We are taught that we owe an undivided fealty to our clients, for whom we must advocate with a resolve tempered only by the duty to «advise and encourage a client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and... discourage the client from commencing... useless legal proceedings,» as the Model Code drafted by the Federation of Law Societies of Canada puts it.

The law varies in every jurisdiction throughout the United States and accordingly, you should not rely on any opinion except for an attorney you have retained who owes you a professional and legal duty to advise you after you have provided all of the material facts and who is licensed in the applicable state and knowledgeable of the applicable law.

In any accident case, the plaintiff must establish that the defendant owed him and breached a specific legal duty of care.

Colonna's lawyer argues that there is no ground for Colonna to be part of the suit and has asked Morris County Superior Court Judge David Rand to dismiss charges against his client, as she owed no legal duty of care under the facts of the case.

Over the centuries, the common law has established various extra-contractual duties (in legal parlance, «causes of action»), which are owed between members of society whether or not an actual agreement had been made.

The landowner, property manager, landlord, tenant, occupant, etc. owed a legal duty to the injured party (typically, a duty to keep the premises reasonably safe and / or to warn of any known dangerous conditions on the property, as well as a duty to investigate the potential for dangerous conditions in a commercial setting)

While the lower court found the hotel owed no legal duty to the couple (co-plaintiffs), the appellate court said the «negligent undertaking» theory of liability can be invoked where one comes to the aid of another but fails to do so with reasonable care.

The duties owed by a legal owner of land, and an occupier who exercises control over the land, are the same.

Negligence refers to the breach of a legal duty that one party owes to another.

Negligence refers to the breach of a legal duty of care owed to another.

These contributing factors can lead to a breach of the legal duty to exercise reasonable care that all drivers owe to other people.

There has been a lot of debate over what adverse effects alternative business structures and ownership models will have on the core values of the legal profession, including lawyer independence, client confidentiality, and the duties owed by lawyers to a client — particularly the duty to avoid conflicts of interest.

Invitees to the premises are owed the highest legal duty of care.

(2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if (a) with respect to a duty imposed by paragraph (1)... (b), (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently...

However, until a statute in 1576, the natural parents of an allegedly illegitimate child owed him no legal duty of support.6

But while the substitution of «customer» for «client» may usefully remind the legal profession it is subject to the basic rules of the market, might it not also tend to reduce the level of duty lawyers owe to those who hire them?

Publishers owed legal duties of fair price and free access when the copyright term was only 28 years long, when their only exploitation right was to prevent outright copying of all or most of a work.

Thus, the legal burden of proving that the social worker owed her, as well as her children, a duty of care rested on Mrs Lawrence.

The arguments for the opponents are said to be that (i) owners who are not themselves providing legal services are not personally invested in the labour of the enterprise and will accordingly be interested only in profits and not professional ideals and norms, (ii) non-lawyer ownership creates the potential for conflicts between the duties owed to investors and the duties owed to clients and the justice system, (iii) providing non-legal services together with legal services creates greater risk of misuse of confidential client information and unauthorized practice of law.

In order to prove liability, the plaintiff must show that there was a legal duty owed to them, that it was breached by the actions of the defendant, and that it resulted in damages.

While the Court's approach of directing the State to negotiate even when it is reluctant to do so ensures an ongoing dialogue between the parties it stops short of seeing negotiation as a legal right of Indigenous people to whom the State owes a fiduciary duty.

Throughout the month of March, we'll be taking a deep dive into the topic of agency, looking at questions like «What are the special legal duties an agent owes to their client?»

When you hire a buyer broker to represent you (where legal) in the purchase of a home, they are supposed to first present you with a Buyer Representation Contract that addresses the conditions of that employment, the duties that they owe to you, the services that they will provide to you AND HOW MUCH THEY ARE TO BE PAID.

CHICAGO — The legal duties that a listing salesperson owes the seller continue to exist if the salesperson ends up as the buyer of the property, the Illinois Appellate Court has ruled.

In addition to incorporating established legal duties that ALCs owe to their clients and customers, the Code of Conduct also includes principles of integrity beyond those legal obligations.