Sentences with phrase «omission constituted»

But in a punitive damage case, the jury must find that there is «clear and convincing evidence» that the offender's act or omission constituted gross negligence.

The policy provides immunity from liability for those evaluating a student athlete during practice or an athletic competition, other than in acts or omission constituting gross negligence or wilful, wanton misconduct.

A volunteer authorizing a young athlete to return to participation has immunity from liability for civil damages, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

For Rule 7 of the Code of Conduct provides that «Where a Judge commits a breach of any rule of this Code he shall be sanctioned with reference to the gravity of the act or omission constituting the breach in accordance with the Judicial Service Regulations.»

The lawsuit also states that» [CIG] utterly failed to follow through on those promises, and thier actions and omissions constitute breaches of contract and copyright infringement and have caused substantial harm to Crytek.»

Murder during terrorist activity (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity.

To succeed in setting aside a trial verdict on the basis of the ineffective assistance of counsel, the appellant must show «first, that counsel's acts or omissions constituted incompetence and second, that a miscarriage of justice resulted»: R. v. G.D.B., 2000 SCC 22, [2000] 1 S.C.R. 520, at para. 26.

Not exact matches

No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time it was committed.

The law provides immunity from civil liability for any injury resulting from that omission unless it constitutes gross negligence or willful or wanton misconduct.

No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.

Inaccurate prices and data errors and / or omissions do not constitute valid prices or retail offers.

Inaccurate prices and data errors and or omissions do not constitute valid prices and retail offers.

McIntyre claimed that the omission of this data set constituted «cherrypicking» even though Briffa and Schweingruber have never collaborated on a Yamal chronology.

As mentioned above, McIntyre claimed that the omission of Anthony Watts name from the NOAA «talking points» memo on relaibility of the U.S. surface temperature record might constitute plagiarism, even though the whole memo was an evaluation of the data found at SurfaceStaions.org, which was acknowledged as the source of the analyzed data (BigCityLib held McIntyre's feet to the fire on that, for instance here and here).

Whether an employee's actions (or omissions) are sufficiently serious to constitute «gross misconduct» is based on the facts of each case, and in the case of Adesokan v Sainsbury's Supermarkets Limited [2017] EWCA Civ 22 the question before the Court of Appeal was whether an employee's «gross negligence» equated to gross misconduct.

For example, the Illinois Whistleblower Act now prohibits an employer from not only retaliating, but also threatening to retaliate against an employee if the act or omission threatened would constitute retaliation under the Act.5

Partners in an LLP are not liable for errors and omissions of other partners or employees, unless those errors or omissions were criminal or constituted fraud, or they knew or ought to have known of the errors and omissions and did not take reasonable steps to prevent them.

Indeed, the disapplication of the Italian legislation would not modify the substance of tax offences at stake — in other words, the previsibility requirement of the legality principle would be met — and would not lead to a conviction for an act or omission that did not constitute an offence at the time when it was committed — so there would be no retroactive application of the criminal law (§ 54 - 57).

These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.

(4) For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission --

As such, the Court found the trial judge was correct to use the «comparative blameworthiness» approach and Contributory Negligence Act and «any omissions the trial judge might have made in his reasons — absent proof that he had actually forgotten, ignored or misconceived the evidence at trial — does not constitute palpable and overriding error» (para. 55).

The convicted party must establish: 1) the factual basis underpinning the claim; 2) that the act or omission of trial counsel constituted professional incompetence; and 3) that a miscarriage of justice resulted from that incompetence.5

At issue is whether complicity by omission requires a legal duty to act and if a person who has authority over another person or property fails to act can constitute actus reus.

To review evidence for errors or omissions and contact the police requesting them to amend these errors or omissions prior to a hearing constitutes investigative work.

Beginning on July 1, any person who alleges they are affected by an «act or omission» that constitutes a contravention of s. 6 - 9 of CASL, i.e., (i) relating to violations of the unsolicited electronic messages requirements (including sending commercial electronic messages, unless the recipient provided express or implied consent and the message complies with the prescribed form and content requirements), (ii) the alteration of transmission data in electronic messages, (iii) the installation of computer programs on devices without consent or (iv) aiding, inducing or promoting any act contrary to any of the above sections, can launch claims against alleged offenders seeking financial redress.

As to what constitutes a change in circumstance, it was accepted that the change need not be significant and in its omission of the word «significant» Parliament had deliberately chosen not to qualify the level of change.

(3) If an act or omission by a person that constitutes an offence against subsection 65ZA (2) or 65ZB (2) is also an offence against any other law, the person may be prosecuted and convicted under that other law, but nothing in this subsection makes a person liable to be punished twice in respect of the same act or omission.

The Fords argued that the Salesperson's failure to disclose «acts, omissions and / or failures to disclose material facts» constituted fraud.

The court found that the state statute did not preempt the Ordinance and so did not change the fact that not providing the Consumers the full Ordinance could constitute an omission.

The court found that an omission of facts can constitute a deceptive trade practice and so simply providing notice of an issue would not necessarily require a consumer to make an inquiry.

I understand that any omission, inaccuracy or failure to make full disclosure constitutes grounds for denial of equivalent real estate continuing education credit.