Sentences with phrase «precluded liability»

(para. 58)» For the AG, only under certain strict conditions can legal advice lead to precluding liability.

A final obstacle to the EFTA Court's interpretation could have emerged from recital 24 which precludes liability of a State and its competent authorities in respect of depositors «if they have ensured that one or more schemes guaranteeing deposits or credit institutions themselves and ensuring the compensation or protection of depositors under the conditions prescribed in this Directive have been introduced and officially recognized».

And neither defenses specific to statutory rape nor defenses of general application satisfactorily preclude liability.

Argued failure to exhaust administrative remedy issues precluding liability.

That statute precludes liability for «any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee...» For purposes of the statute, discretionary conduct must involve policy making or planning and not merely an ad hoc determination.

Not exact matches

The court found that a stock trading plan established by the company's chairman, pursuant to which a broker, rather than the chairman himself, would liquidate a portion of the chairman's stock in the company, did not preclude potential liability for insider trading.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.

Known as the «Melbourne Response,» this system made a form of justice available to victims who were disinclined to establish legal liability — though it did not preclude their also pursuing civil action, if they wished.

To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes.

While this rate allows the state to pay off liabilities within the required 30 - year period, it does so at a high cost, precluding Massachusetts from spending those funds on other, more immediate means to retain talented teachers.

Buy replacement shares to use against an option assignment to preclude both capital gains and a higher tax liability.

They could issue guarantees; purchase or assume the insured institution's assets or liabilities (but to preclude nationalization, not its common stock); make loans, contributions and deposits in a troubled institution or its acquirer; organize charter conversions; arrange extraordinary mergers or acquisitions; and / or issue net worth certificates to banks and thrifts with substantial residential real estate loans.

Seventh Circuit Holds That Product Recall Precludes Class Certification - Product Liability Update

There is no basis in those circumstances for the argument that different views within the Inland Revenue Department on tax liability of transactions of the kind in issue can preclude an assessment by an officer who honestly takes one of those views.

Failure to register automatically precludes the LLP from invoking the limits of liability set forth by statute.

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.

Thus, Wyeth's central argument, that the unavailability of a strict liability claim thereby precludes a claim for negligent design defect, is simply incorrect.

First, comment (a) to Restatement (Second) of Torts 402A expressly sets forth the conclusion that the unavailability of a strict liability claim in any case does not preclude the plaintiff from pursuing a claim in negligence.

The Court found that the decision in the Judicial Review proceedings did not determine any civil law claim for damages and consequently the SFO was not precluded from disputing liability for trespass.

«The CPA precludes a supplier from obtaining a waiver of liability.

The court held that the relationship between the broker and its client precluded the broker's liability to the owner.