Sentences with phrase «reasonable person acting»

The property owner will normally be held to the standard of care of a reasonable person acting under the same or similar circumstances.

One way to determine if your conduct was reckless is asking what a reasonable person acting under similar circumstances would have done.

Yet many supposedly intelligent and reasonable people acted as though they were entering into a real debate on breastfeeding in public spaces, as though it were possible a valid argument might exist against a child's right to be fed.

Not exact matches

Not only is it impossible to anticipate in such a code every possible variable or potential dilemma, but always «it is possible to satisfy the letter of the law while still committing an act that most reasonable people would consider unethical or immoral.»

Under Section 55 of the Data Protection Act (Unlawful obtaining etc. of personal data), a criminal offense has not been committed if a person has acted in the reasonable belief that he had in law the right to obtain data.

The fiduciary rule requires that advisors act as would a reasonable person with knowledge of the subject matter, Weir said.

Delaware law provides that a corporation may indemnify such person if such person acted in good faith and in a manner such person reasonably believed to be in or not opposed to the best interests of the registrant and, with respect to any criminal proceeding, had no reasonable cause to believe such person's conduct was unlawful.

«Truth is one, but men seek it in different ways depending upon their background, education and environment; the only reasonable way for any modern man to act when faced with this pluralism of ethical and moral thinking is to seek to know the truth held by the other person, but with love and respect and openness.»

There is a place in the game for people to boo but that such acts of disapproval should be reasonable and just rather than just a mindless gesture.

[31] It is a bill that would address federal adoption incentives and would amend the Social Security Act (SSA) to require the state plan for foster care and adoption assistance to demonstrate that the state agency has developed policies and procedures for identifying, documenting in agency records, and determining appropriate services with respect to, any child or youth over whom the state agency has responsibility for placement, care, or supervision who the state has reasonable cause to believe is, or is at risk of being, a victim of sex trafficking or a severe form of trafficking in persons.

Forty - two per cent of people believed the act should be changed so people could only be detained where there was «reasonable suspicion» of involvement in terrorism, compared to 33 % opposed.

As a matter of fact, the term «populism» is commonly (assuming more or less sensible and reasonable people) used for a way of unreasonable, partly violent, acting, ignorant thinking (not necessarily uneducated) and hostile feeling.

As for the segregation factor, that also goes back to «created equal», The segregations simply did not believe that black people (or women, FTM) were created equal, so in their view, it was perfectly reasonable to enact laws to restrict them from acting as though they were equal.

More controversially, they also cover material relating to government policy formulation (including the background information on which decisions were based) and anything else which «would in the reasonable opinion of a qualified person be likely to prejudice the effect conduct of public affairs» - something again left undefined in the Act.

Concerns have also been raised about the powers under section 60 of the Criminal Justice and Public Order Act 1994, where the police can stop people without reasonable suspicion when a senior offi cer believes there is a real risk of serious violence in an area.

Under the Animal Welfare Act 2006, people have a duty of care not only to ensure that an animal doesn't suffer unnecessarily, but also to take reasonable steps to ensure that the animal's welfare needs are met.

Speaking to reporters after an event promoting the proposed school bond issue on the November ballot, he spoke at length about his plan, terming it «entirely reasonable» and describing his primary responsibility as acting «to protect the people of the state of New York.»

Article 14 (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law; Article 19 (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution.

The suit alleged the housing agency violated the Americans with Disabilities Act by failing to provide reasonable accommodations to persons with asthma who experienced mold or excessive moisture in their apartments.

Miranda was questioned under schedule seven of the Terrorism Act 2000, which allows authorities at airports, ports and borders considerable powers to stop and search people without prior authorisation or reasonable suspicion.

I have no hard evidence of that fact such as a written contract, but it seems that the circumstantial evidence would be enough to lead any reasonable person to conclude that you have the Rockland GOP acting as the CIA with certain individuals in the role of a shell company handler.

This confidence and eagerness to make appropriate decisions and act on them is an essential trait needed for effectiveness in today's lean, agile organizations, where people are empowered to take reasonable risks.

Every so often there's a clever and well - acted scene that might persuade a reasonable person to suspect that first - time director Aleksander Bach can do more than choreograph mayhem.

The Telecommunications Act of 1934 established: «For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nationwide, and world - wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting -LSB-...]

Disabled Access is one of the most important features of a gate, the Disability Discrimination Act requires reasonable provision for disabled people.

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

Whenever any civil action has been brought against any officer of the Florida College System institution board of trustees, including a board member, or any person employed by or agent of the Florida College System institution board of trustees, of any Florida College System institution for any act or omission arising out of and in the course of the performance of his or her duties and responsibilities, the Florida College System institution board of trustees may defray all costs of defending such action, including reasonable attorney's fees and expenses together with costs of appeal, if any, and may save harmless and protect such person from any financial loss resulting therefrom; and the Florida College System institution board of trustees may be self - insured, to enter into risk management programs, or to purchase insurance for whatever coverage it may choose, or to have any combination thereof, to cover all such losses and expenses.

You may not use Technology Resources to engage in bullying, which is defined as: Any written, verbal, or physical act, or any electronic communication, that is intended or that a reasonable person would know is likely to harm one or more pupils either directly or indirectly by doing any of the following:

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

-- The remedies and procedures set forth in section 204 (a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a - 3 (a)-RRB- are the remedies and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 303.

(a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

Prohibited acts.A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45 - 805; (2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained; (3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public; (4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization Aact, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization ActAct.

In some cases, people with mental health conditions will be offered protection by the Equality Act 2010 which says that your creditors must make reasonable adjustments to help you.

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

A credit repair business and its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit repair business, shall not do any of the following: (1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit repair business has agreed to perform for or on behalf of the consumer; (2) Charge or receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend credit to the consumer, if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public; (3) Represent that it can directly or indirectly arrange for the removal of derogatory credit information from the consumer's credit report or otherwise improve the consumer's credit report or credit standing, provided, this shall not prevent truthful, unexaggerated statements about the consumer's rights under existing law regarding his credit history or regarding access to his credit file; (4) Make, or counsel or advise any consumer to make, any statement that is untrue or misleading and which is known or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended credit to a consumer or to whom a consumer is applying for an extension of credit, with respect to a consumer's creditworthiness, credit standing, or credit capacity; or (5) Make or use any untrue or misleading representations in the offer or sale of the services of a credit repair business or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit repair business.

With home prices more reasonable in many parts of the country and mortgage rates at moderate levels, some people are taking the forward - looking view and acting to seize the opportunity.

Clearly, you did not act in the way a reasonable person would.

A servicer may undertake reasonable procedures to determine if a person that claims to be an agent of a borrower has authority from the borrower to act on the borrower's behalf, for example by requiring that a person who claims to be an agent of the borrower provide documentation from the borrower stating that the purported agent is acting on the borrower's behalf.

Each of you (until we receive written notice to the contrary and have a reasonable opportunity to act) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us.

If you act with the care that a reasonable person would use, Delaware renters insurance can cover personal property stolen from your vehicle.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

The Southeast Louisiana Veterinary Association shall be dedicated to fostering and preserving the health and well - being of animals, preventing the spread of disease to both animals and people, and protecting the institution of and camaraderie within veterinary medicine, through education of both the public and the veterinary community, by acting as liaison to the public and governing officials, and through other activities deemed reasonable by our constituency to achieve these goals.

If a person is emotionally or psychiatrically impaired (disabled) and an emotional support animal prescribed by a licensed mental health professional), the Fair Housing Amendments Act of 1988 requires the landlord / property manager to make a reasonable accommodation to their policies and allow the tenant to have an emotional support animal.

However, there must be reasonable cause before the police or authorised AVA officers will act in arresting a person, entering and searching a premise and / or seizing an animal.

The cardholder agrees that s / he will defend and indemnify the Priority Pass group of companies, its directors, officers, employees and agents (collectively «the indemnified parties») against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to, or destruction of, any property arising from the use of any lounge by the cardholder or any other person accompanying the cardholder, except that such indemnification shall not extend to acts of gross negligence or wilful misconduct by the indemnified parties.

I'm sorry if I missed something, and I do agree that some people act like «availability entrepreneurs» in the negative sense that the phrase conveys, but if the media can't restrict their reasonable use of that term to people who approach a public problem with a completely selfish attitude, for their own benefit, then I would suggest not using the term at all.

I'm not saying we should act as if my hopes that global warming will turn out to be a good thing are guaranteed; I'm the kind of person who does take out insurance when the costs are reasonable.

«I think it's important for people to be thinking about these issues, because there's a reasonable chance that Congress won't act this term,» said Robert Wyman Jr., an attorney with the firm Latham & Watkins and a longtime member of EPA's Clean Air Act Advisory Committact this term,» said Robert Wyman Jr., an attorney with the firm Latham & Watkins and a longtime member of EPA's Clean Air Act Advisory CommittAct Advisory Committee.