Sentences with phrase «show breach of duty»

Certainly she could show breach of duty of care.

Not exact matches

Elliott was not originally named as a defendant, but after initial discovery showed the extent of its involvement in the Board's breaches of fiduciary duty, Elliott was added as a defendant in an amended complaint under the theory that Elliott exercised actual control over the Board's decision - making.

If from a pagan point of view one were to warn against self - slaughter, it must be by a long detour, by showing that it was breach of duty toward one's fellow - men.

In new papers filed Monday, Mrs. Cowles's lawyers — who accuse Mr. Gagosian of fraud, breach of fiduciary duty and unjust enrichment — reveal a series of sometimes frank deal - making e-mails that appear to show exactly how the painting was sold and how Mr. Gagosian made a $ 1 million commission on a $ 2 million sale.

To show that a defendant was negligent, a plaintiff must prove that the defendant owed the injured person a duty of care and breached that duty.

You must show that it is more likely than not that the healthcare professional's breach of duty caused your injury.

Your claim will not be successful unless it can be shown that the at - fault party (or parties) owed you a duty of care, breached that duty of care and this breach of duty caused your injury or loss.

It is not enough to show that a medical professional breached the duty of care; a plaintiff must also show that the breach was a direct and proximate cause of his or her injury.

In order to prove negligence on the part of a defendant, a plaintiff must show: (1) the defendant owed the victim a duty to exercise a certain level of care, (2) breach of that duty, (3) proximate cause, and (4) actual damages.

You may be able to file a lawsuit against the owner of the road, such as a municipality, on the basis of negligence if you can show (1) it owed you a duty of reasonable care, (2) it breached that duty, (3) the breach was the proximate cause of the accident, and (4) damages resulted.

You must not just show that you have suffered damage, but also that the damage was caused by the breach of duty on the part of the Defendant («causation»).

The Claimant must show that the Defendant was in breach of the duty of care; an employer for instance may not have provided proper protective clothing, or there was bullying in the workplace that led to an employee suffering stress at work.

The High Court decided IBM's pension rearrangements were invalid and in breach of the duties of trust and confidence and the duty of good faith: IBM had led its employees to expect there would not be further pension changes and could not go back on this unless it could show it was «necessary» to do so.

After it can be proven that there was a breach in the duty of care, the injured person must show they suffered injuries directly related to the breach.

You must show that as a result of the breach of duty, that you sustained injuries.

Most employers» disciplinary procedures are not contractual, and therefore a failure to follow them does not, generally speaking, constitute a breach of contract (unless the employee can show that the failure was a breach of the implied duty of trust and confidence owed by the employer).

Proving negligence is a challenge: The person who has been injured must show that the at - fault party breached a duty of care and that the breach was the foreseeable cause.

Even where there is breach of duty, claimants may fail to show this was causative — would the steps that the employer could have taken made a difference to the outcome?

The problem would be showing that all members of the class were causally injured by the same alleged breach of duty which is pretty much impossible.

It must then be shown that the driver breached this duty, whether by disregarding traffic laws, driving recklessly, or driving while distracted, and, finally, that you sustained serious injury as a result of that breach of duty.

Personal injury attorneys are skilled at showing a duty of care existed in a certain situation, and that duty was breached.

To sue a driver for negligence, a plaintiff must show (1) a duty owed, (2) breach of that duty, (3) actual and proximate cause, and (4) damages.

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.

But even if a breach of duty is shown or admitted, causation may be beyond legal proof.

A driver can be sued for negligence where a plaintiff can show (1) duty, (2) breach of duty, (3) injuries and (4) causation.

A negligence claim must show that the defendant owed the plaintiff a duty to exhibit a standard of reasonable care, the defendant breached that standard, and that the breach was the actual and proximate cause of the injuries that the plaintiff sustained.

Next, a Perrysburg nursing home abuse lawyer can show that the nursing home breached this duty of care by failing to live up to this standard.

In order to prove negligence, you're required to show: • A duty • A breach of that duty • That the breach of duty caused the accident and injuries • Damages

In order to prove anesthetic malpractice, the patient or surviving family member must show that the doctor breached a legal duty of care.

To establish a case, the injured party (the plaintiff) must show that the truck driver or other defendant owed a duty to the plaintiff to exercise reasonable care under the circumstances; the defendant breached or failed in that duty; that this breach was the cause of the plaintiff's injury; and that the plaintiff was harmed.

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.

Claims in negligence require the showing of a breach of an owed duty of care.

According to Illinois law, a patient must show: that the physician owed him a duty of care, that the physician breached that duty (acted below the standard of care), that the patient suffered an injury as a result of the breach in duty.

In proving causation, the attorney must show that the injury that resulted from the breach of duty was caused by the act.

To claim for negligence arising from property owner's carelessness, the victim must show that the owner or manager had a duty of care towards him or her and that the property owner breached the duty, and that the breach was the actual cause of injuries and those damages arose from the accident.

The parent must then show that they were harmed by this breach of duty.

Proving that a truck driver breached the duty of care can be accomplished in a number of ways, such as offering accident reconstruction evidence to show that the car was in the trucker's blind spot.

In a claim for breach of statutory duty relating to manual handling operations, it is not enough for the claimant to show a breach of the requirement to carry out a proper risk assessment if there is evidence that the defendant had in fact taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicable.

Under the general principles of common law, if you hire an appraiser, and there is no contractual or statutory waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.

In the case of a negligence trial, plaintiffs must show the defendant owed a duty of care to the victim, that the defendant breached this duty of care, and that the breach of this duty directly caused the death of the victim.

In order to prove liability, the plaintiff must show that there was a legal duty owed to them, that it was breached by the actions of the defendant, and that it resulted in damages.

In a case that he describes where the agent failed to show the buyers the SPIS, the registrant was found liable for his breach of duties.

In order to show a breach of fiduciary duty, the party must show that a fiduciary relationship existed, a fiduciary duty was breached, and this caused harm to the other party.

From what you wrote above «if there is a listing out there offering $ 500 for example I will not be showing it to a buyer» this is immoral, against your duties as a buyer's agent, and potentially a breach of your contract (assuming one was in place) with the buyer's that you represent.

A New York court considered whether a broker had breached its fiduciary duty to a seller when it showed the buyers another property after the buyers and sellers had negotiated an oral agreement for the sale of the sellers» property.

84 DOS 99 Matter of DOS v. Woodland - failure to appear at hearing; jurisdiction; mortgage applications; failure to pay judgment; ex parte hearing may proceeding upon proof of proper service; DOS has jurisdiction over respondents for acts of misconduct which occurred during licensure even though the licenses expired on their own terms; DOS fails its burden of proof to establish broker failed to obtain signature on agency disclosure form; DOS fails its burden of proof to establish that a broker has an obligation to «pre-qualify» a potential purchaser; broker breached duty to deal honestly with the public when advised purchaser he would assist in obtaining financing and failed to do so; DOS fails its burden of proof that broker wrongfully failed to hold a $ 500.00 deposit in escrow as deposit was remitted to seller with the permission of buyer; failure to pay judgment without a showing that broker is unable to do so is a demonstration of untrustworthiness; no action to be taken for reapplication for broker's license until payment of $ 1,000.00 fine and proof of satisfaction of judgment

Therefore, as shown in the Cricket Club Condo case, even if the money is used for another common area fix, it is nevertheless a breach of fiduciary duty — the Condo Board must spend the money as it has been delineated to be spent in the Special Assessment Notice.