Sentences with phrase «under common law tort»

Not exact matches

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effeLAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effelaw, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

[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.]

Thus, to paraphrase my torts professor, no matter how easy it would be for a 200 - pound, 8th - degree black belt in karate to rescue a child being beaten up by a 7 - year - old girl, the black belt can walk on by under the common law (with certain exceptions, such as when the would - be rescuer is an emergency worker or the victim is your own child).

Harassment, as a civil wrong, had developed within the administrative structure of human rights tribunals and grievance processes under collective agreements but there was no generally recognized common law «tort» of harassment.

We represent businesses in toxic tort and common law actions, white collar crimes, CEQA actions, Proposition 65 actions, CERCLA and state Superfund cost recovery and contribution actions, as well as government agency enforcement actions arising under CERCLA, RCRA, CWA, CAA, and other federal, state, regional and local laws.

One other preliminary, which may help those dipping their toes into these multi-national tort claims: it was common ground that, if there was a claim in tort, it would be governed by Egyptian law (under Art. 4 (1) of an EU provision known as Rome II); but the fact another country's law applies to a case does not mean that the UK can not try the case — if there is jurisdiction.

SCOTUS heard argument on Wednesday in Jesner v. Arab Bank, considering whether a corporation can be sued under the common law cause of action under the Alien Tort Statute.

Under English common law, a multitude of non-contractual claims (including tort, competition, intellectual property, and certain statutory claims) are capable of settlement by arbitration.

Accordingly, the bill provisions intend to «overturn this Supreme Court precedent and establish that the restrictions or prohibitions set forth in the New Jersey Tort Claims Act, which are specifically applicable to public entities and public employees, supersede the general availability of such damages under the common law, the above enactments, or any other statute.»

Both appellants (Austin and Saxby) claimed damages for distress and also aggravated and exemplary damages, at common law in the tort of false imprisonment and under the Human Rights Act 1998, s 7 for alleged unlawful detention, contrary to their Art 5 Convention rights, essentially arguing that they should have been released from the police cordon much earlier than they were.

These two common law torts exist in addition to the statutory right or cause of action available to a plaintiff under the privacy legislation.

BitcoinRewards will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, subject to the relevant provisions of the Australian Consumer Law, as it may applaw, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, subject to the relevant provisions of the Australian Consumer Law, as it may appLaw, as it may apply.

Subject to any non-excludable rights and to the maximum extent permitted under the law, in no event will Relationships Australia (NSW) Limited and its employees be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials or information contained at any or all such sites, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.