Sentences with phrase «prove damages resulting»

Prospective buyers failed to adequately prove damages resulting from licensee's failure to communicate a competing offer.

Without such evidence, the buyer failed to prove damages resulting from the licensee's conduct, and the judgment was reversed.

Of course, as a practical matter, it's nearly impossible that a company could prove any damages resulting from the kind of unorthodox password recovery techniques described in your question.

Not only do you need to prove the negligence of the other driver caused your car accident but you also need to prove those damages resulted from their negligence.

The plaintiff must prove the damage results from action taken under a statutory authority and from the construction and not the use of the works.

Not exact matches

When left undetected, concussions can result in long - term brain damage and may even prove fatal.

Once influenza spreads deep into the lungs, the body's own immune response can prove harmful, resulting in severe damage to the alveolar air sacs.

In any case, this odd dietary habit may prove beneficial for both C. peregrina and the colony of hydroids it preys on: The nudibranch gets extra nutrition, and as a result it can make ends meet by consuming fewer polyps — thus reducing the overall damage to its hydroid home.

However, by combining a biomaterial with proven regenerative capacity, like collagen, with a material that can carry an electrical stimulus, it may be possible to transmit electrical signals across damaged tissue, resulting in functional restoration of the affected area.

Yes, clinically it has been proven to be an effective tranquillizer that has been compared to Xanax (but isn't addictive) and in small doses works on the GABA pathway to provide a light sense of wellbeing, but in large doses it can induce lethargy and drowsiness, which over time, if you really get into the stuff, can result in severe liver damage, even worse if you start mixing it with prescription tranquilizers.

Science has now proven that almost every disease is the result of accumulated damage from free radicals to affected cells.

If you want good studies to prove how damaging the over production of insulin is, comb through all the studies Gary Taubes mentions in his book for the full pull on the results and you'll see just how bad it is.

Astaxanthin has proved itself as a strong UVB absorber and is able to reduce DNA damage that causes cell and collagen degradation in the human skin, which can result in premature aging, hyperpigmentation, wrinkle formation, erythema, and skin cancer.

The damaging side effects and requirements of Common Core standards, teaching, and testing are affecting our schools by destroying creativity and taking away programs with proven good results.

The last thing you want is to say something was water - damaged and then not be able to actually prove it, resulting in a claims rejection.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

is, in the circumstances, gravely damaging to him, since it suggests that he repudiates (for instance) such proven scientific results as the fundamental equation of radiative transfer.

[22] Mr. Forget, however, seeks to parse these allegations into separate constituent elements and insists that in order to prove causation, the plaintiff must produce direct evidence that I / Land's negligent conduct, as described above, actually caused the water damage that resulted.

To recover compensation from the truck driver or the trucking company responsible for your injuries, you must prove that the driver or trucking company (or both) failed to use reasonable care and skill in operating or maintaining the truck and that you suffered damages as a direct result of the failure.

Although some lawsuits against Johnson & Johnson have been successful and resulted in damages paid to the claimants, it may be some time before enough studies conclusively prove that there is a link between the talcum powder products and ovarian cancer.

Failure to accommodate an employee's family status can result in awards of damages, without the necessity of proving any actual monetary loss.

In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a result.

Moreover, you must be able to prove that this failure directly resulted in the injuries and damages which you sustained.

Among other things, Mclachlin CJC found that it had not been properly proven that Livent had suffered any damages as a result of any failure by Deloitte to allow shareholders a better and earlier opportunity to supervise management.

But in order to win a lawsuit, you have to have damages as a result of some action, AND you must prove that the action was done with intent to harm or was otherwise negligent.

Regardless of the fact that you might be able to prove that somebody else caused your accident and resulting damages, your award is likely to be reduced if the defendant can show that part of the fault for the accident was yours.

The Devin Law Firm, P.A. can investigate and help prove that failure to maintain a motorcycle endorsement was not a proximate cause of the accident thereby resulting in the recovery of your damages.

Basically, they would be required to prove that someone's conduct caused their loved one's death, and that they suffered damages as a result.

Our goal is to prove fault and damages for the serious and often catastrophic injuries that can occur as a result of a truck accident.

To be eligible to receive damages for future lost earnings, the plaintiff must prove the amount of income, earnings, salary, or wages that he or she will be reasonably certain to lose in the future as a result of the injury.

Thus, I believe if you're able to prove an individual purposely slow - played fulfilling a contract you relied upon and you can show what you would have earned had he not done so, you may be able to connect damages in that amount as a result.

To succeed, it must be proved that a duty of care is owed by the defendant to the claimant, that the defendant has breached their duty of care, and that the claimant suffered damage as a result of the breach, subject to reasonableness.

This, if proven, could result in higher punitive damages for reasons set out in Whiten.

Under Canadian tort law, a plaintiff has to prove five elements in order to establish negligence: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached the applicable standard of care; (3) that the plaintiff suffered damages; (4) that these damages were the result of the defendant's breach (causation); and (5) that the resulting damages are not too remote.

In order to recover damages in a negligence case, the person filing the claim (the plaintiff) must prove: 1) the defendant had a duty to act a certain way; 2) the defendant failed to act according to that duty; 3) the plaintiff was injured as a result; and 4) the plaintiff suffered losses and expenses due to that injury.Attorney J. Todd Tenge has been handling personal injury claims for Boulder, Denver, and Fort Collins residents for 20 years, and has a consistent track record of very successful outcomes.

For an injured party to collect damages as a result of being bitten by a dog, the person must prove that the owner of the dog, or the individual who had custody of the animal, was negligent.

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.

In order to collect damages, plaintiffs must be able to prove that they suffered losses and expenses as a direct result of their accident - related injuries.

If it can be proven that the rental car was rented out with serious mechanical malfunctions that weren't disclosed and contributed to the accident, they would be guilty of gross negligence and potentially on the hook for damages if someone was injured as a result.

So, typically what you need to prove in a truck accident claim is that the defendant driver failed to use ordinary care in driving and caused an accident, which resulted in damages to the injured person.

To establish that a wrongful death occurred, an attorney must prove that the individual had a duty of care to the deceased, their act or omission breached that standard of care, their wrongful actions were the proximate (direct) cause of the injury or death of the decedent, and damages resulted.

In the past, companies have lost court cases because they could not prove actual damage or loss of business directly resulting from their challenger.

You know that you didn't cause the crash that resulted in your physical injuries, but if you want to recover damages in a settlement or in court then you are going to have to prove that someone else did cause the crash.

The plaintiff must also prove that a defendant's breach of duty was a cause of the plaintiff's injury and that the plaintiff suffered legally compensable damages as a result of his or her injury.

While many states are «no - fault» states regarding accidents and insurance, Texas is a «fault state» so proving fault and liability for any resulting injuries and damage after an accident is the core of a personal injury case.

With the help of medical staff, accident reconstructionists and other experts, our firm will help you create a case that will prove the fault of the accident and the pain and suffering, medical bills, lost wages, property damages and other losses you have suffered as a result.

(c) If the claimant relies on a statute establishing a cause of action and authorizing exemplary damages in specified circumstances or in conjunction with a specified culpable mental state, exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the damages result from the specified circumstances or culpable mental state.

To prove another party's liability for negligence under Maine law, an injured victim must show that (1) the defendant owed the victim a duty of care, (2) the defendant breached that duty, (3) the breach caused the victim's injuries, and (4) the victim suffered actual damages as a result of the defendant's breach.

If the driver of the blue car can prove that the black car's breach of duty was the direct cause of his injuries, and that he suffered damages as a result, he may be able to recover compensation for his losses.

Courts require that the former employer prove four elements for a tortious interference claim: (1) existence of a business relationship; (2) knowledge of the relationship on the part of the defendant; (3) an intentional and unjustified interference with the relationship with the defendant; and (4) damages to the plaintiff as a result of breach of the relationship.