Sentences with phrase «owed duty»

(c) Whether Ford owed a duty of care in tort to the Claimants to take reasonable care that such statements were not inaccurate or misleading and / or to correct any misleading impression they created;

To establish negligence, you would need to prove that the defendant owed a duty of care, which was breached, causing an accident and injuries.

Golden Belt and the Funds commenced proceedings in the Commercial Court arguing that BNP Paribas owed a duty to exercise reasonable care and skill to ensure that the promissory note was properly executed.

People hurt in a car accident must prove by a preponderance of the evidence that the defendant owed a duty of care, breached the duty, caused the accident as a result of the breach, and forced the plaintiff to incur damages.

To determine whether in the management and execution of land reclamation contracts which involved toxic waste which included heavy metals, Polycyclic Aromatic Hydrocarbons, and dioxins in Corby, Northamptonshire between about 1985 and 1999, the Defendant (Corby Borough Council) owed a duty to the Claimants to take reasonable care to prevent the airbourne exposure of the Claimants» mothers to such toxic waste durnig the embryonic stage of pregnancy.

Whether in exercise of those obligations or otherwise the Defendant owed a duty to provide prompt and timely notification to the Infected Claimants of the information and / or knowledge which the Defendant held relating to the infection of the Infected Claimants with Hep C, and / or HIV.

Mitchell v. Glasgow City Council2009 SC (HL) 24; [2009] 1 AC 874; [2009] 2 WLR 481 House of Lords; Negligence at Common law - whether social landlord owed a duty to protect one of its tenants from assault at the hands of another tenant; Article 2 ECHR - duty to give warning.

As a threshold matter, in order for this Court to find that MQH and the Diocese owed a duty to the Chances under premises liability law, the injuries in question must have occurred on their property.

Whether in exercise of those obligations or otherwise the Defendant owed a duty to the Claimants to provide prompt and timely disclosure of the state of knowledge of the Defendant at all material times of the risk of infection from Contaminated Blood Products.

To succeed in a New Mexico truck accident case, a plaintiff must prove the following: the defendant owed a duty to the plaintiff, the defendant breached that duty, and the breach was a proximate cause and cause in fact of the plaintiff's damages.

To prove negligence, you would have to show that the defendant owed you a duty, which he or she breached, causing the accident and actual damages.

(a) Whether the Defendant owed a duty of care to the Claimants to protect them from harm and personal injury; (b) Whether the Defendant was negligent in instructing Dr Bates to carry out pre-employment and / or post-employment medical examinations; (c) Whether the Defendant is vicariously liable for the acts of Dr Bates which included deliberate sexual assaults; and (d) Whether the claims are statute - barred and, if so, whether the court should disapply the limitation period.

At a preliminary issues trial, Ms Justine Thornton QC (sitting as a QBD Judge) held that the DVLA owed no duty of care to the purchaser in this case.

The plaintiffs alleged the security company owed a duty of care to both the band and those attending the concert.

This duty would become meaningless and imprecise as to its parameters if it were to be held that RR owed a duty of care to the people or nation of Indonesia amounting to not to corrupt their civil servants.

The claim brought by Mr Hunt personally failed, on the basis that the Engagement Letter was between Swynson and HMT and not with Mr Hunt; itself a salutary reminder of the importance of engagement letters, as Mr Hunt was found not to have been owed a duty of care by HMT because he was not a named client in HMT's engagement letter.

The plaintiff would have to prove that the RP defendant owed a duty of care not to post and distribute intimate images of the plaintiff, that the defendant breached the duty by indiscriminately posting the image, and that plaintiff suffered injury as a proximate cause.

The plaintiffs appealed, arguing there were genuine issues of material fact as to whether the security company owed a duty of care to them.

To prove a party is responsible for your injuries, you must establish that that party owed you a duty of care, that that standard was not met, and that you suffered damages as a result of that party's actions.

According to Illinois law, a patient must show: that the physician owed him a duty of care, that the physician breached that duty (acted below the standard of care), that the patient suffered an injury as a result of the breach in duty.

A firm of accountants appealed against a decision of the Court of Appeal in which it was decided that the accountants owed a duty of care to the appellant shareholders when producing an audit report required by statute.

Thus, the court held that liability was not appropriate in this case because the defendant owed no duty to the plaintiff.

Duty of Care: You must first prove that the defendant owed you a duty of care.

The party who caused your injury owed you a duty of reasonable care and failed to uphold that duty

The driver of the Transit Authority of River City (TARC) bus owed you a duty of care.

This requires a plaintiff to prove four elements: the defendant owed a duty of care to the plaintiff, the defendant breached it, the breach caused the accident, and the plaintiff suffered actual injuries.

Claims in negligence require the showing of a breach of an owed duty of care.

Therefore, in order to recover for negligence in security, a plaintiff must establish that 1) he or she was owed a duty, 2) there was a breach of that duty, 3) that the alleged negligence was the proximate cause of the plaintiff's injury, and 4) that there was a resulting harm to the plaintiff.

In a negligence claim, your attorney must prove four elements: the defendant owed you a duty of care, this duty was somehow breached, you suffered an injury, and the breach was the direct cause of your injury.

Breach of Duty: The person who owed this duty to you in fact acted carelessly under the circumstances.

Even if the plaintiff has strong evidence to establish that the defendant owed him a duty of care, breached that duty, and caused the injuries, the defendant still has the right to raise defenses that may eliminate or at least reduce his liability.

[12] The Superior Court dismissed Rafferty's claims, «ruling that [the brand - name defendant] owed no duty of care to [him].»

To establish a case, the injured party (the plaintiff) must show that the truck driver or other defendant owed a duty to the plaintiff to exercise reasonable care under the circumstances; the defendant breached or failed in that duty; that this breach was the cause of the plaintiff's injury; and that the plaintiff was harmed.

After considering the above - factors, the Court concluded that Crane Co. owed a duty of care to Ms. Jones.

Duty: The person who caused your injury owed a duty to you to avoid acting carelessly under the circumstances.

They are also owed a duty of care by other drivers.

The first element of negligence is that the facility or individual owed a duty of care to the person in the nursing home.

This appeal considered whether the losses suffered were losses which the defendant solicitiors owed a duty to protect against, and whether the losses suffered were otherwise recoverable from the defendant.

While the Supreme Court of B.C. dismissed a claim made by the company against the Behn family, it sided with the forestry company's claim that the province owed it a duty of care and should have warned it of the Behns» intention to block access to the road and therefore be held liable for its financial loss during the period of the blockade.

The officer sued Loram, triggering the question of whether Loram owed a duty to the officer.

In the lawsuit, a taxi accident attorney in the Boston area will have the burden of showing that the taxi driver owed you a duty of care but failed to drive his or her vehicle according to that duty.

The Saskatchewan Court of Queen's Bench held that the firm owed a duty to the client promoters only, not the investors, and in any event, nothing that the firm did caused the investors» losses.

Obtained a summary judgment and dismissal in favor of a church because the plaintiff failed to show that the church owed a duty to protect the plaintiff from injury, and the plaintiff failed to proffer sufficient evidence supporting respondeat superior liability.

Goldstein, J. found that the solicitors owed no duty of care to Scott, because they had no actual knowledge that Scott relied on them.

The plaintiffs alleged that the solicitors were trustees of the money for them, and that the law firm owed them a duty of care.

the defendant owed a duty, or obligation, recognized by the law, requiring the defendant to conform to a certain standard of conduct, for the protection of others against unreasonable risks;

A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant's behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and... Continue reading →

Finally, the court noted that the lawyer owed a duty of care to the trustee.

Most negligence cases turn on who owed a duty of care to whom, what that duty of care was, and whether it was breached.

To show that a defendant was negligent, a motorcyclist must prove: (1) he was owed a duty by the defendant (usually a duty to exercise reasonable care), (2) the defendant breached that duty, (3) proximate cause, and (4) damages suffered as a result of the breach of duty.