Sentences with phrase «prudent person under»

Intimidation under this section is defined as what a reasonable, prudent person under same or similar circumstances would consider intimidation and whether that person would have felt intimidated by the actions of the animal in question;

«Plaintiffs failed to use and exercise... the proper care and precautions which a reasonable prudent person under the same or similar circumstances would have exercised,» attorneys for Oakmont Senior Living wrote in a response to the lawsuit.

Specifically, the exemption requires that the advisor, the institution issuing the product and client enter into a contract that clearly commits the advisor to acting in the client's best interests, using the care, skill and prudence that would be exercised by prudent person under the circumstances (the definition that generally governs a fiduciary's duties in other contexts).

Not exact matches

Advice is in the retirement investor's best interest when the advice is rendered «with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, based on the investment objectives, risk tolerance, financial circumstances, and needs of the Retirement Investor, without regard to the financial or other interests of the Adviser, Financial Institution, or any Affiliate, Related Entity, or other party.»

Acts with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person would exercise; 2.

(15)(16) Under normal circumstances, creatinine is eliminated from the body as waste but since it isn't great for the kidneys, it may be prudent for some people to avoid creatine ethyl ester.

Negligence may arise from doing something that a reasonably prudent person would not do or, on the other hand, from not doing something that a reasonably prudent person would have done under the circumstances.

such force and means as a reasonably prudent person would use under the same or similar conditions as they appeared to the person, taking into consideration all of the facts and circumstances known to the person at the time of [and prior to] the incident.

Negligence refers to the failure of an individual to behave how a reasonably prudent person would have acted under similar circumstances.

According to long standing case law, negligence is defined as the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances — or doing what a reasonable and prudent person would not have done under the circumstances.

Negligence refers to a party's failure to act in a way that an ordinarily prudent person would act under the circumstances to prevent an unreasonable risk of harm.

«Negligence:... the failure to use such care as a reasonably prudent and careful person would use under similar circumstances...» (Black's Law Dictionary)

A person is negligent if he fails to act as an ordinarily prudent person would act under the circumstances.

This specifically includes but is not limited to any medical condition, sickness, Injury, Illness, disease, Mental Illness or Mental Nervous Disorder, for which medical advice, diagnosis, care or Treatment was recommended or received or for which a reasonably prudent person would have sought Treatment during the 36 month period immediately preceding the Effective Date of Coverage under this Certificate.

This specifically includes but is not limited to any medical condition, Sickness, Injury, Illness, Disease, Mental Illness or Mental Nervous Disorder, for which medical advice, diagnosis, care or treatment was recommended or received or for which a reasonably prudent person would have sought treatment during the one hundred and eighty (180) days (three hundred and sixty five (365) days for Insured Persons 70 and older) immediately preceding the effective date of coverage under this Certificate.

This specifically includes but is not limited to any medical condition, Sickness, Injury, Illness, disease, Mental Illness or Mental Nervous Disorder, for which medical advice, diagnosis, care or Treatment was recommended or received or for which a reasonably prudent person would have sought Treatment during the 36 month period immediately preceding the Effective Date of Coverage under this Certificate.

inquiry, that an ordinary prudent person in a like position would use under similar circumstances.

A director's duties must be performed in good faith, in a manner the director believes to be in the best interests of the corporation and with the care, including reasonable inquiry, that an ordinary prudent person in a like position would use under similar circumstances.