Sentences with phrase «statutory duties»

THE LICENSEE OWES THREE ADDITIONAL STATUTORY DUTIES TO A CLIENT AS AN AGENT OR DESIGNATED AGENT IN A REAL ESTATE TRANSACTION:

The court found that the transaction broker statute «unequivocally replaces the fiduciary duty owed by real estate brokers at common law with a more narrowly defined set of statutory duties.»

Also, the purchaser's claim for common law breach of fiduciary duty was abrogated by the Washington statute which prescribes statutory duties that real estate brokers owe to their clients.

Fiduciary duty is a common law concept that exists separate and apart from the statutory duties that are enforced by provincial regulators.

You are attempting to contract out of your statutory duties.

The Montana Supreme Court concluded that the real estate licensee owed only statutory duties to disclose adverse material facts of which she was aware and had no duty to inspect the property.

Local authorities must fulfil their statutory duties towards children and young people with SEN or disabilities as to Part 3 of the Children and Families Act 2014 and associated regulations.

In accordance with statutory duties, the Aboriginal and Torres Strait Islander Social Justice Commissioner reports to Parliament each year on the enjoyment and exercise of the human rights of Aboriginal and Torres Strait Islander peoples.

ensure these Indigenous - led organisations are properly funded and supported to carry out this important work, in addition to any statutory duties they may have.

The code of practice advises local education authorities, maintained schools, early education settings and others on carrying out statutory duties for children's special educational needs.

That prescribed bodies corporate receive adequate funding to perform their statutory functions and that they receive appropriate training to meet their statutory duties.

While the buck continues to be passed between levels of government, PBCs remain without any funding at all and most struggle to discharge their statutory duties.

• Carried out statutory duties of a city clerk • Maintained record of all public projects, bids made and purchases done • Negotiated with insurance companies and council members on issues of public interest

Contributing to various fostering and adoption services statutory duties, such as step parent adoption reports and assessments and birth records counseling

Many of them relate to statutory duties unique to the US, but at least four are based on common law principles also found in English law.

The courts typically will not hold directors and officers responsible provided they act in good faith and do not breach fiduciary and statutory duties.

Those made under RRA 1976 are too numerous to mention here, but at present the relevant orders, at least for England and Wales, for the other strands are the Disability Discrimination (Public Authorities)(Statutory Duties) Regulations 2006 and the Sex Discrimination Act 1975 (Public Authorities)(Statutory Duties) Order 2006 (SI 2006/2930).

claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings;

As well as imprisonment, statutory duties to submit to fingerprinting, to produce documents, to give oral testimony and not to loiter in or near school grounds, playgrounds, public parks and bathing areas are all deprivations of liberty attracting the rules of fundamental justice.

According to H3G, in resolving such a dispute and in satisfying its statutory duties (in particular, the interests of consumers), Ofcom could never set H3G's MCT price appreciably above the competitive level, such that H3G can not be found to have a position of SMP.

Recent cases include Camurat v Thurrock Borough Council [2015] E.L.R. 1, on the inter-relationship between confidentiality in compromise agreements, duties of employers in giving references, and statutory duties to make safeguarding disclosures, Shalom v Newham College (race, religion and age discrimination, harassment, victimisation, failure to investigate), Bilqes v Burnley College (religious discrimination).

R (West) v Rhondda Cynon Taf County Borough Council [2014] EWHC 2134 (Admin); [2014] ELR 396; QBD (Admin), May 23 2014 A local authority's decision to withdraw funding for full - time nursery education of three - year - olds was quashed as it had failed to comply with its statutory duties.

Represented an Indonesian listed group in a US$ 11.5 million ICC International Arbitration against a major healthcare multinational concerning breaches of Indonesian statutory duties in relation to an exclusive distributorship agreement for pharmaceutical products

«A party's identification of sources of Electronically Stored Information as not reasonably accessible does not relieve the party of its common - law or statutory duties to preserve evidence.»

The Court of Appeal adopted a flexible approach to the interpretation of the common law and statutory duties of good faith in franchising.

As SCA, he provides leadership to ensure the Iowa Judicial Branch achieves its goals and carries out its constitutional and statutory duties while operating Iowa's unified court system efficiently and effectively.

Even if you do not have agreement in place containing the aforementioned clauses, there may still be common law or statutory duties of care that govern an employee's conduct following their departure from a company.

Hearing panels that need legal assistance can and should retain their own lawyer, an action typically expressly provided for in a regulator's enabling statute or bylaws, but normally available in any event as a power necessary to a panel carrying out statutory duties.

The problem is simply stated as follows: Develop a principled approach to reconcile traditional accounts of the rule of law with the modern reality that administrative agencies and statutory tribunals who do not operate like or resemble the ordinary courts but who nevertheless occupy a large amount of space in our legal system and can not avoid making legal determinations in exercising their statutory duties which often implicate individual rights and interests to a greater extent than judicial decisions.

Often the NHS and Local authorities as «public authorities» face very difficult decisions when considering what services they must or may, provide to people pursuant to various statutory duties and powers.

In particular, I think the LSBC has a problem because benchers «must not implement a resolution if to do so would constitute a breach of their statutory duties» (13 (4) of Legal Profession Act).

Rachel E. Radspinner concentrates her practice in the administration of trusts and estates, which includes advising fiduciaries regarding their powers and responsibilities, guiding fiduciaries through the intricacies inherent in those tasks, and protecting executors, trustees and conservators from liability by ensuring full compliance with their statutory duties and their obligations under the governing will or trust document.

In particular, in firmly rejecting the idea that statutory duties can create independent rights at common law, Lord Reed closes off one route by which claimants might assert state actors have obligations to those harmed by the actors» careless conduct.

It is not to oversee the exercise by the local authority of its statutory duties, nor to perform a free - standing welfare role for the benefit of the child.

Acted for the liquidator of a large insurance company in a Supreme Court claim in Australia against Executive Directors and Corporate defendants in relation to misleading auditors, the publication of misleading financial accounts and breaches of statutory duties and approximately worth AUD $ 500 million.

``... [the condominium corporation] was entitled, [and indeed obliged, pursuant to its statutory duties of repair and maintenance], to embark on the garage deck remedial work without the need for unit owner notice or approval, let alone approval by the special majority vote contemplated by s. 97 (4)[which applies to «substantial changes»]»

Some of the pre-publicity to CA 2006 suggested that the statutory duties combined with the statutory derivative action (CA 2006, s 260) rang in a new era in shareholder / director relationships, providing mechanisms for greater shareholder control and action.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

At trial, the judge considered the relevant and applicable statutory duties and obligations of the Plaintiff, as a pedestrian, under the Motor Vehicle Act, but did not do so for the driver.

In certain contracts, especially in financial services and a regulated space, additional questions of fiduciary, regulatory or statutory duties need to be...

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

We work closely with city and town officials to fulfill their statutory duties and keep their communities strong.

If at least one - third of the members vote in the referendum and two - thirds are in favour, then the resolution is binding, provided that implementation would not constitute a breach of the benchers» statutory duties.

And it wouldn't be that way if governments would hold law societies accountable in fact, and not merely in law, to the democratic political process for their failure to perform their statutory duties.

Where a workplace accident has occurred, and the employer has statutory duties under sections 18 and 19 of the OHSA and simultaneously undertakes an internal investigation, claiming legal privilege over all materials derived as part of that investigation, an inquiry is properly directed to a referee under Rule 6.45 to determine the dominant purpose for the creation of each document or bundle of like documents in order to assess the claims of legal privilege.

«For this reason, Plaintiff brings this lawsuit against Defendants for breach of statutory duties, breach of contract, breach of fiduciary duties, recovery of chattels and an accounting,» court documents state.

The role of the LIT is similar to a referee; the LIT's statutory duties owed to both creditors and the administration of the consumer proposal process prevent them from acting as a financial advocate for a consumer struggling with overwhelming debt.

This would help in the transition phase to support schools and colleges to meet their new statutory duties.

Setting vision, ethos and strategic direction — as the key strategic decision - making body of every academy within the MAT, it is the board's duty to set the academy's strategic framework and ensure all statutory duties are met.