Sentences with phrase «on liability clauses»

In addition, Methenitis also cites the Xbox Live Terms of Use which include several stringent «no warranty» and limitation on liability clauses.

Not exact matches

Soon after closing, the plan is to transfer the title to an LLC for some liability protection and our lender has assured us that the due on transfer clause won't take effect.

In addition to the standards of practice, an inspection contract must reflect that state's position on things like arbitration, limit of liability and other defensive clauses found in most inspection contracts.

The plaintiff's claims required our attorneys to undertake an extensive analysis of the standards for imposing liability on municipalities, and whether the Due Process Clause was implicated by either the state - created danger doctrine or the special relationship doctrine.

Pilar is fluent in English and is a regular speaker at seminars to national and international insurance companies on topics including product liability claims, engineering clauses, alternative dispute resolution methods, professional indemnity and the Spanish Insurance Contract Act.

The court rehearsed a consistent line of earlier rulings including Churchill v Wilkinson and Evans Case C - 442 / 10, [2013] 1 W L R1776 and confirmed that member states have no discretion to permit motor insurers to rely on statutory provisions or contractual clauses to enable them to avoid their liability to meet third party claims, save where expressly permitted by the Motor Insurance Directives.

Canadian Appeals Monitor What tangled webs we weave: The BCCA provides guidance on the tort of deceit and exclusion of liability clauses

Crowden relied on long standing principles of contract law (the Canada Steamship principle) that clauses which exclude liability should be construed narrowly and against the interests of the party seeking to rely on the clause.

The defendant challenged the claim on a number of grounds, including the existence of a contractual clause limiting the total liability of the defendant to # 14K.

The court ruled in favour of the defendant on other grounds and therefore did not need to examine the validity of the limitation clause, however the judge did state, obiter dicta, that if necessary he would have upheld the # 14K contractual liability cap as a fair and reasonable clause.

The trial judge didn't suggest that, somehow, the agreement contained a clause that allowed the plaintiff to continue against the remaining defendant (s) for more than their own shares — their own shares would include a share based on vicarious liability, but that wasn't an issue in the case.

Thanks to some skilled lawyering on the part of BDC's counsel, the agreement contained a limitation of liability clause that did not exclude or restrict liability «resulting from fraud.»

Justice Glenn Hainey ultimately found that the limitation of liability clauses did not apply to BDC's claims based on Experian's fraudulent misrepresentations and breach of contract and therefore did not preclude or limit any damages award on these grounds.

Even if a waiver or limitation of liability clause existed and was brought to the attention of the ski resort patron, the Ontario Superior Court of Justice has further suggested that an injured plaintiff may be awarded damages for a kind of negligence that was not contemplated or considered «as part of the flavour» of the language printed on lift tickets and season passes, and posted elsewhere on ski resort property.

Courts across Canada have since followed Brown in accepting this argument as a genuine issue for trial, where defendant facilities have attempted to rely on existing waivers or limitation of liability clauses:

A Limits of Liability clause is a contractual provision that attempts to set a cap on liability for breach of the terms of the agreement or for other forms of lLiability clause is a contractual provision that attempts to set a cap on liability for breach of the terms of the agreement or for other forms of lliability for breach of the terms of the agreement or for other forms of liabilityliability.

The Terms including the limits on our liability in clause 20 will apply to all services rendered by us to you from time to time unless we have entered into a specific written agreement which expressly excludes or modifies them in whole or in part; and in the case of existing clients, all instructions received after 1 July 2017will be treated as acceptance of the Terms.

Although it had not been proven that Spurling had been negligent, even if they had been negligent, they would be able to rely on the exclusion clause to avoid liability.

In other words, some states operate on a strict liability clause that places legal responsibility on the owner — even if (s) he did nothing wrong regarding their obligation to protect others from an attack.

Establishes a hard cap of $ 500,000 on noneconomic damages in medical liability cases (the $ 500,000 cap that was passed during a special session in 2002 contained an escalator clause which would have raised the cap to $ 750,000 in 2011 and $ 1 million in 2017).

Moreover, Quebec civil law imposes certain restrictions in the application of limitation or exclusion of liability clauses — depending on the type of business of the parties, the type of damages, and other circumstances that might render the clauses invalid or unenforceable.

In that case, the majority held that the sponsor, the Department of Transportation and Highways of British Columbia, could not rely on an exclusion clause to avoid liability for an unfair tender, and substantial damages were awarded against that Department.

If you drive an old car and have no loan on it, it probably isn't worth purchasing anything but liability — with possibly a towing service clause.

The liability clause covers them in the event of an accident that causes injury to a person on the premises.

A strong «one way» indemnity clause and no liability clause are required and your client is wise to get legal advice on the terminology.

649 DOS 02 DOS v. Holzbach — disclosure of agency relationships; proper business practices; sanctions; unauthorized practice of law; vicarious liability; broker fails to timely provide agency disclosure form to buyer although disclosure form could have been faxed to and received from buyer; broker back dated agency disclosure form demonstrating incompetency; use of designated agent form without the use of required agency disclosure form pursuant to RPL § 443 (4); use of «removal of contingency» addendum to contract which did not contain an attorney approval clause and was not on a form jointly approved by the County Bar Association and REALTOR Association constituted the unauthorized practice of law; corporate broker liable for the acts of its representative broker; proper to impose a higher fine after hearing than that which was offered in settlement (joint fine of $ 2,000.00 offered); associate broker fined $ 2,000.00, representative broker fined $ 1,000.00, and corporate broker fined $ 2,000.00

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained