Sentences with phrase «other common law duties»

The Court of Appeal in McKay noted that other common law duties for adjacent landowners who are not occupiers may apply, but concluded,

Not exact matches

Other common DOI plan provisions include exemption from Texas Education Code § 21.003, the law that requires districts to hire certified teachers, and exemption from the duty to maintain a 22:1 student - teacher ratio in grades K - 4.

Aside from legislative protection, contract law contains a number of other protections for all parties or for vulnerable parties, including laws on mistake and misunderstanding, and the newish (for the common law) duty of good faith.

In many cases, the regulation of common carriers falls under state and federal law, which enforces a duty of care that buses and other common carriers must follow, such as:

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

In short, the common law is that a person who witnesses a crime or other emergency that is placing another person at risk of grave physical harm has no «duty to rescue» or to do anything whatsoever.

In administering the program, the Director will participate in the hiring, orientation, training, and evaluation of legal research and writing instructors; participate in the orientation of incoming first - year law students; prepare the syllabi and the common writing problems used by all legal research and writing sections; chair regular meetings of the legal research and writing instructors to discuss course content, teaching methods, and related issues; handle student issues related to the program; oversee the selection of legal research and writing award recipients; coordinate legal research and writing with the broader curriculum in conjunction with the Associate Dean for Academic Affairs; and perform other related administrative duties as assigned.

He has prosecuted and defended cases involving claims for breach of contract, breach of fiduciary duty, trademark infringement, copyright infringement, unfair competition, securities and common law fraud, and other business related torts.

WEL advises Estate Trustees, Trustees, Attorneys, Guardians and other Fiduciaries on their duties and obligations arising both at common law and legislatively.

Other communications made by non-clients to BW in the course of our duties may also be protected by common law privilege.

Based on ground - up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant / irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles.

As for the causes of action other than breach of fiduciary duty (battery, negligence and breaches of common law and international norms), the appellants argue that it is implicit in the motion judge's reasons that he decided the limitations issues in their favour.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.

Director of Human Resources / HR Consultant — Professional Duties & Responsibilities Oversee the planning, direction, and management of all HR - related activities including staff recruiting, candidate tracking, personnel screening and testing, and hiring processes in accordance with Affirmative Action and Equal Opportunity Employment regulations Support senior management to develop and maintain personnel policy and ensure compliance with all standards, authoring and implementing new policies and procedures as needed along with creating HR procedure manual Serve as lead analyst for compensation reviews, performance and pay - scale benchmarking, market studies, and salary structure decisions, also creating organizational / staff planning charts for all departments and all positions Create and deliver firm - wide staff new - hire orientation, training and development programs, and performance evaluations utilizing a competency - based appraisal system which leads to focused training and development programs based on common and individual areas of performance deficiency Manage all aspects of workers compensation and unemployment claims on behalf of employer, attending hearings and participating actively in all related meetings Hold responsibility for all benefit negotiations, administration, and plan reviews, promoting compliance with and effective execution of IRS / DOL regulations, ERISA, HIPPA, and all audit - related processes Implement and sustain safety programs while performing regular safety - policy trend analyses to identify critical issues, developing corrective action plans to ensure compliance with applicable safety, health, and environmental regulations including OSHA and other applicable laws Consult with management regarding employee - and labor - related issues to resolve conflicts in a professional manner, conducting grievance hearings and negotiation agreements with worker representatives within the provisions of any applicable contract Provide relevant guidance and administration to the development of human resources site on firm intranet, housing online - employment forms, manager resources, job postings, and HR - related forms and documents Develop valuable staff relationships to improve workplace morale as well as maintain positive business relationships with all related brokers and vendors

It appears you're either not versed in the Listing Authority or Buyer Representation Agreement or just confused about contracted services in addition to the obligatory fiduciary duty for nowhere do these create anything other than common law agency, and the extended REBBA 2002 duties owed by the brokerage to the client.

Undivided Loyalty The fiduciary duty that prohibits the agent from advancing any interests adverse to the principal's interest or conducting the principal's business in such a way as to benefit a customer, a subagent, the agent, or any other party to the detriment of the principal's interest unless required by statute, regulation, or common law — e.g., disclosing material facts and defects of a property.