Sentences with phrase «party liability clause»

Additionally, it also meets the mandatory third party liability clause under the Motor Vehicles Act.

Not exact matches

I refer to such terms as a «kick in the butt clause» — a reminder that all parties share some liability for non-compliance.

So if someone is drafting a clause that excludes their liability in very general terms, it is wise to ensure it is brought prominently to the notice of the other party.

Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.

It also holds that a contractual clause limiting liability is unenforceable even where the breaching party did not commit a criminal act or egregious fraud....

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.

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.

Ultimately, if such clauses are not waived or satisfied by the conditional date, the deal is dead and the parties can walk away without liability.

Black's Law Dictionary defines an indemnity clause as a contractual provision in which one party agrees to answer for any specified or unspecified liability or harm that the other party might incur.

The B.C.C.A. decision narrows Crown liability to third parties flowing from consultation issues and confirms the applicability of liability exemption clauses in this regard.

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.

As the lender was not in a position to assess the accuracy of statements being made about the scheme, a clause in the policy stated: «[The lender] shall have no liability of any nature to the insurers for any information provided by any other parties.»

In conclusion, it is important to remember your limitation or exclusion of liability clauses may not have the effect that is literally written because of restrictions and special treatment of certain types of damages and contracts, or the type of relationship of the parties involved provided by Quebec law.

Offset or Difference in limits coverage — In most states, underinsurance motorist bodily injury coverage is allowed to have a reducing clause that allows your insurance company to reduce, or offset, your payout by any amounts recovered from another party's liability policy.

Limit for liability as similar to other clauses as same as Private Car and liability to third party.

It covers you from accident, collision, third party liability, but for that, this clause should be included in your personal insurance policy.

Aside from liability coverage, it is required in Franklin that a car owner buys an insurance that has a no - fault clause for personal injury protection, third party liability, and uninsured motorist coverage.

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