Sentences with phrase «prove substantial harm»

Toronto privacy lawyer Gil Zvulony says McIntosh is a reflection of the limited damages courts are likely to award unless the plaintiff can prove substantial harm from the breach.

Not exact matches

The key words in the passage is whether a donor can prove their is a «substantial likelihood» that releasing their identity will lead to harm, threats or harassment.

The new bill proposes that claimants will have to prove that the statement has caused or is likely to cause them substantial harm before an action can brought.

However legislation that is not based on substantial data that proves changes will do no harm is simply misguided policy.

In order to upset an earlier judgment, the fraud must be material, and the plaintiff (victim) must prove that 1) she suffered substantial harm as a result, and 2) she could not have detected the fraud at the time it occurred by using reasonable care.

Instead, you must only prove that the defect in the product was a substantial factor in causing you harm.

Although the reason for this holding makes good and under - appreciated sense from a retributivist perspective — a person ought not be punished for conduct that has not been clearly proven to be the defendant's culpable misconduct, es - pecially if the defendant has various defenses that could be raised as against particular claimants — the new holding poses a substantial risk of reducing incentives to plaintiffs and their counsel because they can not pursue a jackpot of punitive damages based on «total harm.»