Sentences with phrase «strict liability for»

It is one thing for the law to impose strict liability for the wrongful taking of a valuable document; quite a different thing now to create strict liability for, as here, wrongly (though not knowingly so) assuming the right to advance someone else's claim».

Against this background Lord Hoffmann thought it would be «an extraordinary step suddenly to extend the old tort of conversion to impose strict liability for pure economic loss on receivers who were appointed and acted in good faith».

Those who did contain or collect zombies (as Hershel does inside his barn in The Walking Dead) could also face strict liability for any resulting injuries.

The park may have the strongest cages and a slew of safety devices installed, but if one animal somehow escapes and attacks you, the park is held under strict liability for your injuries.

Finally, the claims based on the product recall failed because Florida law does not recognize a duty of care in connection with a recall separate from a general duty to act with reasonable care, and Florida does not recognize a claim for strict liability for product recall at all.

Anyone in the chain of a product's distribution may be held liable in strict liability for injuries caused by a product's defect.

«Supreme Court Limits Strict Liability for Nonmanufacturing Suppliers of Defective Products,» Thompson Hine LLP Product Liability Update, November 2008

So the Montreal Convention establishes strict liability for airlines where accidents occur in planes.

It made it much easier for passengers to establish that they've been harmed, and it did this by creating strict liability for the airline if an accident has occurred on an international flight.

The House of Lords has limited the scope of employers» strict liability for equipment used off site by employees in the execution of their duties.

The laws have changed from caveat emptor («let the buyer beware») to Strict Liability for manufacturing defects that make a product unreasonably dangerous.

Drug manufacturers who fail to properly warn victims of side effects may be held accountable under strict liability for product defects laws, which do not require negligence to be proven.

For example, with a capable attorney's assistance, you might decide to plead negligent failure to warn or strict liability for defective design.

There is no strict liability for a breach of the Solicitors Act.

For example, because the casebook I use to teach Torts33 begins with strict liability, my students» first writing assignment is based on a statute that imposes strict liability for dog bites.34 This connection between the two classes has sometimes led to a need to «tweak» the Torts syllabus so that the order of the material we cover fits better with the timing of the writing assignments (which I discuss in more detail below).

Employers were until relatively recently offered some protection from this strict liability for their employee's wrongs.

[FN79] It is quite obvious that cats can be lethal to birds, and if the death of a migratory bird can be traced to a cat, or a cat colony, which can be further traced to an individual or organization, there may be strict liability for that person under the MBTA.

«It is quite obvious that cats can be lethal to birds,» writes Hatley, «and if the death of a migratory bird can be traced to a cat, or a cat colony, which can be further traced to an individual or organization, there may be strict liability for that person under the MBTA.»

This Internet escorts agency, has strict liability for a one of time, you can find hoppers guy - RSVP.

See «SEC Commissioner Speaks Out Against Trend Toward Strict Liability for Compliance Personnel,» The Hedge Fund Law Report, Vol.

Not exact matches

HMRC is under pressure to prosecute more people for offshore tax evasion, and FA 2016 introduced a new «strict liability» offence which may achieve this end.

Documents published today set out further details of the controversial new offence that removes the need to prove intent for the most serious cases of failing to declare offshore income and gains (making it a «strict liability» offence).

The governor went so as far as to circulate a questionnaire to candidates quizzing them on their support for ethics law changes, asking their position on limiting lawmakers» outside income and stricter campaign contribution requirements for Limited Liability Companies (LLCs).

For example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or prograFor example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or prografor any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs.

In no case shall Slickster Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nebraska School Nurses Association AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Nebraska School Nurses Association WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Nebraska School Nurses Association WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Nebraska School Nurses Association WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Nebraska School Nurses Association WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nebraska School Nurses Association OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

They are a defense against strict liability, and they generally excuse non-performance of an agreement or responsibility for the loss.

On the other hand, credit and debit cards come with strict regulation that frees up a consumer's liability in the event their card is used for unauthorized purchases.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Healthy Paws AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Healthy Paws WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Healthy Paws WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Healthy Paws WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Healthy Paws WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Healthy Paws OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Many of those ordinances include substantial fines for owners who allow their dogs to roam neighborhoods; strict requirements for housing dogs in securely locked fences if they have ever charged people or approached them in a menacing way; liability insurance for owners of dogs that have been deemed vicious; and requirements for leashes and muzzles for vicious dogs taken outside secured areas.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

In no event shall Best On Travel Network, Inc. and / or its tour operators be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, documents and related graphics, software, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Best On Travel Network, Inc. and / or any of its tour opertators has been advised of the possibility of damages.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

As noted, given that the criteria of state liability for non-contractual breaches are more strict under (in this case) domestic law, Spanish courts have rejected all compensation claims brought by the affected investors, whereas some of the tribunals dealing with the ECT claims have awarded sizeable compensation to the claimants.

Nonetheless, C.B. Fleet Company may be held liable for negligence under pharmaceutical statutes or be subject to strict product liability laws, in which case negligence need not be proven.

Although direct patent infringement is a strict liability claim, patent owners frequently seek to establish that the infringement was «willful» in order to qualify for enhanced damage awards.

However, when the SUV rollover accident was caused by a product defect, then the case is governed by strict liability, meaning that the manufacturer is responsible for the damages their product caused regardless of whether they were at fault or not.

For example, in a strict liability case, there is a duty to prevent foreseeable injury by doing what a reasonable man of ordinary prudence would have done.

For businesses, the Act's most significant innovation is the new strict liability corporate offence of failure to prevent facilitation of tax evasion in the UK and overseas.

Latin for «knowingly,» the theory behind scienter reflects common law strict liability claims, as well as the one bite rule.

[Where state trooper took affirmative action of allowing police dog to be off leash, there is no immunity from suit; actions for personal injury caused by police dog will be analyzed under the dog bite common law, whether the owner of the dog knew or should have known of the dog's vicious propensities, as the Massachusetts Tort Claims Act does not permit actions under strict liability.]

It held that a plaintiff may only recover under strict liability if the product is unsafe for its intended user.

According to FindLaw, common law identifies four levels of fault for causing a motor vehicle accident: negligence, recklessness or groundless conduct, intentional misconduct, and strict liability.

Although products liability law has evolved from the days of «caveat emptor» (let the buyer beware) to the imposition in appropriate cases of «strict liability,» under which manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent, the personal injury plaintiff still has a job to do.

Despite these strict Connecticut dog laws, defenses are available to dog owners, and liability for a bite or attack is not a foregone conclusion.

Many dog bite cases are strict liability cases, which means that the owner will automatically be liable for the injuries caused to you Continue Reading

Damages in this case will be determined by strict liability, which means the manufacturer is responsible for any injuries despite the level of care he took in making the products.

Essentially, strict liability means that there is so much risk involved, an owner of a private zoo or petting zoo will be completely liable for harm done by their animals regardless of any negligence on the part of visitors.

«To allocate losses to the drawer for having failed to identify and detect fraud is inconsistent with the strict liability tort of conversion, which makes any negligence on the part of the drawer or the banks in preventing the fraud irrelevant,» Justice Rosalie Abella wrote on behalf of the majority in Teva Canada Ltd. v. TD Canada Trust and Bank of Nova Scotia.

For a strict liability claim, you are asserting that the other party is liable for your injuries because they are responsible for the defeFor a strict liability claim, you are asserting that the other party is liable for your injuries because they are responsible for the defefor your injuries because they are responsible for the defefor the defect.