The row highlights the contrast between the «minutiae of rules» and the «importance of
overriding duties», says Tom Flanagan, employment partner at Pinsent Masons LLP.
«There appears to be a stark contrast between the implications of breach of duty for MPs as compared to private sector company directors, despite the fact that both have
overriding duties which transcend the «spirit and letter» of any particular rules,» he says.
MPs have a Code of Conduct, as holders of public office, which governs the principles of their actions and requires them, at all times, to act in the public interest, first and not to gain any financial or material benefit from their office... it is glaringly obvious that, whatever may be in particular rules, some MPs» [alleged] actions fall well short of
their overriding duties.»
No motive whatsoever can
override this duty or free politicians from it.
Nothing in the United States Constitution alters or
overrides this duty.»
Lawyers should apply the same standard to their own interests and severely restrict the instances in which
they override their duty of confidentiality to their clients.
How is one to reconcile the potential conflict between
the overriding duty of good faith to the firm against the professional obligation to act in the best interests of the client, at all times?
The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with
their overriding duty not to take advantage of her vulnerability.
In other words, an expert's
overriding duty is to be truthful and honest in what he tells the judge or other tribunal, even if it damages the case for the party who is paying his / her fees.
Still, as I see it, the potential for conflict between the duty owed to clients and the duties to shareholders is massive and I not resolvable unless one or the other is deemed by statute
the overriding duty.
As an officer of the court, the lawyers, including Mr. Groia, had
an overriding duty to ensure that the trial was conducted fairly and efficiently, and in an atmosphere of calm.
He had
no overriding duty to monitor whether the practices followed by the professional electrician respondent were safe.
Law is a noble profession, and lawyers ought to zealously defend a client's interest, abide by the rules of their law society, all the while fulfilling
their overriding duty towards the court.
[139] The crucial point is that all participants in litigation and the public have a legitimate right to expect that the advocate's duty of zealous advocacy will be tempered by
the overriding duty to adhere to all the standards of the profession, including the duty to act with courtesy and civility and in good faith.
However, experts have
an overriding duty to the court and their views are minuted in a schedule of the areas they agree and disagree on and the reasons.
Did the motion judge err in finding that the entire agreement clause in the parties» contract disposed of any claim regarding the respondent's alleged post-contractual misrepresentations and breach of
its overriding duty of honesty?
However there are some instances when we have
an overriding duty to disclose otherwise confidential information, for example:
Not exact matches
While couched in different language, Catholic social teaching has much in common with this approach, in its
overriding concern to safeguard the unique dignity of every human person, created in the image and likeness of God, and in its emphasis on the
duty of civil authority to foster the common good.
Still, such theorists also continue, as did Kant himself, the modern natural law tradition, at least in the following way: The
duties prescribed by nonteleological liberalism are defined in terms of rights that are prior to any inclusive good; that is, these rights are separated from, and respect for them
overrides, any inclusive telos humans might pursue.
The Challenge of Peace, without reference to the logic of prima facie
duties, replicates the structure of Childress» argument exactly: just war theory begins with a presumption against war, and the just war criteria function to
override this presumption (or to show that it should not be
overridden) in particular cases.
My
duty to the 1992 Constitution
overrides any loyalty to any political party the moment it becomes an enterprise to undermine the constitution through any form of corruption or graft, including such unconstitutional conducts as those John Mahama and Okudzeto Ablakwa committed when they were in office as a government.
[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the
duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and
overriding in effect.
There a technical game was said to have been played which was contrary to the solicitors» and their client's
duty to further the
overriding objective.
[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the
duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and
overriding in effect... [more]
In addition, allowing post-sale activities is consistent with Rule 1.16 (d)'s
overriding philosophy that lawyers continually have a
duty to «take steps to the extent reasonably practicable to protect a client's interest.»
The experts»
duty to the court
overrides any obligation to the party that hired them.
Over the past decade, lawyers have convinced courts that the confidentiality of communications between lawyer and client and the
duty of loyalty is so sacrosanct that government can rarely if ever
override it.
I consider an outcome that leaves my client satisfied, his case so effectively articulated that he feels vindicated and pleased, to be my
duty to each client, my
overriding goal and most fulfilling objective.
Moreover, this
duty may be
overridden in the context of investigations.
The ultimate determination of the existence of a
duty of care will be determined by a trial judge based on the full evidentiary record (including a consideration of any residual policy considerations that may
override the prima facie
duty of care).
The
overriding principle in remedies under the Canada Labour Code is that any remedy must be rationally connected to the breach of the
duty of fair representation.
In Bernard v Canada (Attorney General), 2014 SCC 13, the Supreme Court of Canada confirmed that employee privacy rights do not
override a union's right to receive the information that it requires to fulfill its representational
duties.
For the Court of Appeal, there was no authority for the Appellant's submission that ``... knowledge of a lack of experience on the part of the plaintiff would
override or negate» the basic
duty imposed on the Respondents.
The latter may compel us to
override our traditional
duty to the corporation in order to prevent or remediate the wrongful act.
Duties included investigation of questions / complaints, forward issues to appropriate parties if needed, request order
overrides for eligible members, replace orders when reported missing or damaged, member notification of eligibility and benefits