Sentences with phrase «reasonable inspection»

It was common ground that the defect was a latent defect which could not have been discovered on reasonable inspection.

The landlord is responsible for dangerous conditions that the landlord knows about or should know about upon reasonable inspection.

A latent defect is a fault in the property that would not be easily detectable by reasonable inspection of the property, such as a serious crack in the foundation that has been covered over with paneling or improper wiring covered by drywall.

For example, where the defects are not discoverable by reasonable inspection or when the seller has engaged in fraud, the seller will often not be protected under caveat emptor should there be serious defects in the property.

The complaint was based on the following duties found in the Idaho real estate license statutes: exercise of reasonable care; promotion of the best interests of his / her client; disclosure of adverse facts to the client; to conduct a reasonable investigation of the property; and, when appropriate, to advise the client to obtain reasonable inspections or to seek the applicable professional advice (legal, tax, etc.).

So if you failed to make reasonable inspection of your property, and a diseased or dying tree tips onto your neighbor's land, you're likely to be held liable.

This is particularly important in the light of the Court of Appeal decision in Stark v Post Office [2000] PIQR P105, [2000] All ER (D) 276 which confirmed that liability for failure to maintain work equipment is strict, that is to say that liability will arise even if the causative defect was latent and could not have been identified on reasonable inspection.

[27] A «latent» defect is one that is not discoverable upon reasonable inspection.

Even if the seller had actual knowledge, he probably doesn't need to disclose them as they are «discoverable by a reasonable inspection».

There is an exception for latent defects of which the seller has actual knowledge, which are not disclosed and would not be discoverable by a reasonable inspection.

Once it is accepted that liability lies even where the defect is latent and undiscoverable by any reasonable inspection or maintenance regime, then it seems to matter relatively little whether the employer has control of the work equipment or not.

The failure to inform a tenant of defects that the tenant could not have discovered during a reasonable inspection of the property, could mean the landlord is liable if a slip & fall accident occurs.

Once the plaintiff establishes a condition of non-repair, the municipality must prove that it had a reasonable inspection and repair system in place to avoid liability.

In response to the plaintiff's allegations, the defendant claimed that the problem was so intermittent and random that it could not have been discovered through a reasonable inspection.

The Ninth Circuit reversed the published decision of the district court, which had denied insurer's motion for summary judgment, holding that a defect that is not apparent upon reasonable inspection, but only comes to light after an intensive post-failure expert examination, is a latent defect within insurance policy's latent defect exclusion.

Buyer beware applies only to patent defects — defects which could be discovered on a reasonable inspection by a buyer.

Your facilities are subject to reasonable inspections.

If the implied warranty remains in effect, it typically covers only latent defects — defects that aren't discoverable by a subsequent buyer's reasonable inspection.

The court added that for caveat emptor to apply, a property defect must be open to observation or discoverable upon a reasonable inspection, the purchaser must have an unimpeded opportunity to examine the property, and the vendor must not engage in fraud.

These would not be revealed by a reasonable inspection.

The doctrine of caveat emptor applies to real estate transactions in Ohio, and so precludes recovery for fraud when: the purchaser could have discovered the alleged defect or condition on a reasonable inspection; the purchaser had the opportunity to make such an inspection; and the seller did not engage in active concealment of the condition.

A latent defect is one that is not obvious on a reasonable inspection of the property and which would have a substantial impact on the buyer's use or enjoyment of the property.

Latent defect - A physical deficiency or construction defect not readily ascertainable from a reasonable inspection of the property, such as a defective septic tank or underground sewage system, or improper plumbing or electrical lines.

In most cases you'll be able to conduct a reasonable inspection yourself, if you know what to look for.

material latent defect means a material defect that can not be discerned through a reasonable inspection of the property, including any of the following:

«The notion that a haunting is a condition which can and should be ascertained upon a reasonable inspection of the premises is a hobgoblin which should be exorcised from the body of legal precedent and laid quietly to rest...