Sentences with phrase «of calculation of the damage»

Lord Hoffmann noted that the European Court of Justice (ECJ) has made it clear that the method of calculation of the damage the agent suffers as a result of the termination of relations with the principal is a matter for each member state — noting Honeyvem Informazioni Commerciali Srl v Mariella De Zotti: C - 465 / 04 [2006] ECR I - 02879.

Not exact matches

Juror number six was all over it, fully engaged, every word that came out of your expert's mouth in the calculations of damages, was nodding her head.

The damage this can do to the Church, her liturgy, her teaching, and above all to the yearning for holiness — which always requires renunciation of the goods of this world for love of the Good who infinitely transcends this world — is beyond calculation.

The RPI is expected to rise to over 4 % this year, which, combined with the completion of a 5 - yearly calculation of rateable values, the BRC is expecting to damage businesses» profitability and their ability to employ, because the rates are too heavily influenced by spikes in inflation.

In their article «Improving atomic displacement and replacement calculations with physically realistic damage models» published in Nature Communications, the scientists present the outcome of a reconsideration of the issue.

This was to be done by calculating the «critical load» of acid that each ecosystem could absorb without suffering damage and then aiming to reduce by 50 per cent the gap between that and the levels of acid fallout in 1980, the base year for the calculations.

Thorsett's calculations show that most of these bursts would not cause too much damage.

A long - term experiment revealed that growth declined and individual branches were damaged when the water was undersaturated with aragonite (Ω < 1)-- a condition that could be achieved in 2100, according to model calculations of the IPCC in case emissions continue to develop at current rates.

The trouble with Bradshaw's statement is that she is at the very least taking an extremely liberal view of what «a significant amount of... calculations» means in an attempt to run damage control on the botched launch of a game that many fans are disappointed by.

Since wielders of Bows and Guns include the Hit Rate in damage and accuracy calculations, the Ribbon is best suited for them.

All damage calculations occur at the beginning of a units phase.

I'm equally critical of those who hand pick from many theory based calculations those, which deviate clearly from most towards higher damages or which have been produced making as pessimistic as possible assumptions at every step.

The SCC — a calculation of the damage caused by each ton of carbon dioxide (CO2) emitted into the atmosphere — is a sort of «volume dial» for climate policy: The higher the SCC, the tougher (and more expensive) the regulations that policymakers will consider cost - effective.

You almost need brain damage not to see these facts, easily found in EIA statistics, back of the envelope calculations, or the overwhelming market evidence.

«Even if we agreed on a particular computer simulation of the monetary damages accruing from climate change over the next few centuries, the calculation of the «social cost of carbon» would vary widely, depending on our choice of parameters that have nothing to do with climate science,» he said.

Because the social cost of carbon increases each year, calculations of how much climate change damages are expected because of the emissions from this coal should take into account when the coal is likely to be burned.

These combine to give good reason to believe that not only is our uncertainty about the cost of climate change is very asymmetrically distributed, but that uncertainties about enormously catastrophic damage have fat tails, possibly fat enough to dominate any calculation of expected value.

The main objections levied by Michaels and Dayaratna were that the Obama Administration's calculations assume too much warming from CO2 emissions, underestimate the positive effects of increased CO2, and favor low discount rates to accentuate damages in the far future.

Shindell's climate sensitivity calculation suggests countries around the world need to reduce greenhouse gas emissions at the higher end of proposed emissions reduction ranges to avoid the most damaging consequences of climate change.

Illustrative calculations indicate environmental damages are $ 330 - 970 billion yr − 1 for current US electricity generation (~ 14 — 34 cents per kWh for coal, ~ 4 — 18 cents for gas) and $ 3.80 (− 1.80 / +2.10) per gallon of gasoline ($ 4.80 (− 3.10 / +3.50) per gallon for diesel).

The SCAR calculations presented here use the DICE 2007 IAM damage function (Nordhaus 2008), which has damages proportional to the square of the temperature change and equal to 1.8 % of world output at 2.5 °C (see ESM for context).

Calculation of economic damages under the Wrongful Death Act is based, in part, on the deceased individual's age, life expectancy, earnings capacity, and character.

You should be aware that, although there are certainly no guarantees, and no official guidelines to the calculation of damages amounts by insurance agencies, there sometimes proves to be a formula, which can be referred to as the «3 to 1 Ratio,» by which Personal Injury attorneys / PI lawyers seek to settle cases for at least three times (3x) the total of medical and health care costs and expenses.

Our work especially consists of explaining the Swiss liability law system to the client or the corresponding lawyer abroad, assisting in providing evidence, drafting of damage calculations, conducting negotiations with the opposite party and, if necessary, representing our client in court proceedings in Switzerland by our litigation department.

Finally, we asserted that questions concerning the calculation of the residents» alleged damages, if any, could not be resolved on a class - wide basis with regard to any formulaic calculation or otherwise.

With over 18 years of experience Mr. MacKenzie has prepared hundreds of financial models documenting the damages incurred, out of pocket expenses, business interruption losses, and other calculations as needed.

The plaintiff adduced no expert evidence, either on standard of care or calculation of her damage claim.

Section 281 (5) provides as follows: «Discharge does not, except to such extent and on such conditions as the court may direct, release the bankrupt from any bankruptcy debt which --(a) consists in a liability to pay damages [of specific types]... in respect of personal injuries to any person; or (b) arises under any order made in family proceedings or under a maintenance calculation made under the Child Support Act 1991.»

In my view, the transfer of non-pecuniary damages, the label for general damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a significant effect on damage awards, not only in future but also in pending cases.

Jackson LJ correctly set 1999 as the starting point for the calculation of the impact of inflation, because that is when special damages were removed from the calculation of what cases fall within the small claims limit and, it was re-set at # 1,000 for general damages only.

PJI awards in serious accident cases have often been used to inflate damages awards by 5 % per annum, for the purpose of making allowances for lawyers» fees or to achieve other ends regarding the calculation of settlements.

Justice Snider distinguished (at para 46) between the accounting of the defendants» profits from a calculation of the plaintiff's damages:

Reform of the 1948 Law Reform (Misc Provisions) Act 1948 could make a very significant difference to the calculation of damages.

The attorneys at Parr Richey Frandsen Patterson Kruse have extensive experience during all stages of a malpractice claim, from court document preparation and filing, discovery and damage calculation, insurance and settlement negotiation, to litigation.

An award for loss of earning capacity requires the assessment of damages, not calculation according to some mathematical formula.

Our attorneys can provide compassionate and knowledgeable insight to guide you through all steps of your claim: evidentiary discovery and damage calculation, insurance communication and settlement negotiation, document preparation, filing and litigation.

Our qualified attorneys can help navigate the issues of damage calculation, communication with insurance, evidence discovery, settlement negotiation, and litigation.

Limited Scope of Mitigation of Damages in Employment Context The Facts In Marques v Delmar, the Ontario Superior Court of Justice makes a few interesting decisions in respect of reasonable notice and the calculation of dDamages in Employment Context The Facts In Marques v Delmar, the Ontario Superior Court of Justice makes a few interesting decisions in respect of reasonable notice and the calculation of damagesdamages.

Vivian Chapman QC and Edward Hewitt represented the successful appellants in this appeal against the finding of two prescriptive rights of way over their land and the calculation of damages for trespass.

With respect to the calculation of damages, the Court held that the trial judge erred by using only the 12 months before the plaintiff was benched.

Special damages have an exact calculation of the past, present and future losses of the plaintiff's wages or medical bills.

In my view, the transfer of non-pecuniary damages, the label for general damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a significant effect on damage awards,... Read More

2017 FC 637 - The FC addressed three outstanding issues in the calculation of damages and profits and ordered Nova to pay Dow over $ 644 million for infringing Dow's Canadian patent.

He consults on construction, government contract, and litigation support matters, and provides contract claims assistance and litigation support services relating to the calculation of and approach to damages.

One of the primary issues relating to the certification of competition law class actions to date has been difficulties arising from the calculation of damages and, in particular, the challenges in some cases of calculating damages in the context of so - called «indirect purchasers» (i.e., where it is alleged that that direct purchasers passed on, for example, a price - fixing overcharge from manufacturers to a second downstream level of consumers).

The court rejects a bid by the department to reduce the award, finding that the jury's calculations of back and front pay - and award of compensatory damages for pain and suffering - are supported by the record.

In this article, we explore how «country risk» can affect the value of investments and the approaches taken to incorporate this risk in damages calculations in international arbitration.

The following case study examines economic damages of a male and female child suffering the same traumatic injury shortly after birth assuming the Fair Calculation Act becomes law.

Acting on behalf of the defendant in a # 1 billion claim in an international energy arbitration regarding a dispute in the calculation of damages and loss of earnings.

Innumeracy is one of my pet peeves, and (bringing it back to the practice of law) watching groups of lawyers fumble around with expert reports, damages calculations, etc. drives me absolutely batty.