TORTS / REMEDIES Copyright July, State Bar of California
|
|
- Merilyn Christal Skinner
- 6 years ago
- Views:
Transcription
1 Copyright July, State Bar of California Dan operates a plant where he makes pottery. To provide a special high-capacity power source to his pottery kilns, Dan recently installed on the electric company's power pole outside of his building an electrical transformer that would increase the electrical current entering his plant from the main power line. He did this without the knowledge or consent of the electric company. Dan did not know that the power line on which he installed the transformer also feeds power to the adjacent office buildings. Peter occupies one of those adjacent office buildings. In the building, he has an extensive computer network that he uses in his business of providing advanced computer services to local commercial enterprises. Peter has been in this business for ten years. He employs several highly paid computer operators and technicians. Dan's installation of the transformer caused power surges each time his kilns were turned on and off. Soon after Dan had installed the transformer, Peter's computers began to malfunction and eventually were severely damaged by the repeated power surges. As a result, Peter lost a large amount of data stored in his computers. He laid off some employees without pay and shut down his business for two weeks while the computers were repaired and while the remaining employees restored the lost data. During the shutdown, Peter lost considerable income because he was unable to furnish computer services to his customers. Peter and the laid-off employees have filed suit against Dan. 1. In an action against Dan, what theories, if any, might Peter assert and what defenses might Dan raise if Peter seeks to recover: a. The cost of repairing his computers? Discuss. b. The cost of restoring the lost data? Discuss. c. His lost income? Discuss. d. Loss of goodwill and other incidental effects of the disruption of his business? Discuss. 2. May Peter recover punitive damages? Discuss. 3. May the laid-off employees recover lost wages and benefits from Dan under any theory? Discuss.
2 Copyright July, Scott F. Pearce, Esq. Outline I. Peter v. Dan A. Recklessness / Negligence 1. Duty 2. Breach 3. Causation 4. Damages a. Cost to Repair b. Cost to Restore Data c. Lost Income d. Loss of Goodwill e. Punitive Damages 5. Defenses 6. Conclusion B. Strict Liability C. Trespass / Conversion D. Conclusion II. III. May Peter Recover Punitive Damages? Employees v. Dan for Lost Wages
3 Copyright July, Scott F. Pearce, Esq. Answer I. Peter v. Dan Peter s computer services business was forced to shut down for two weeks because of the illicit transformer Dan installed on the power line he and Peter shared. Peter can seek relief under several theories. A. Recklessness / Negligence To prove recklessness, Peter will have to show negligence plus wanton and willful conduct by Dan. 1. Duty Dan must operate his pottery plant with due care towards all foreseeable parties. 2. Breach Dan installed an electrical transformer to increase the electrical current entering his building without the knowledge or consent of the electric company. This act is not merely a breach of the duty of reasonable care. As discussed below, electrical power is ultrahazardous. When Dan secretly tampered with the power line, his conduct was extreme and outrageous. Dan s conduct is wanton and willful. 3. Causation But for Dan s egregious conduct, Peter s computers would not have been damaged by power surges whenever Dan s kiln was turned on or off. No intervening acts took place to break the chain of causation, so proximate cause also is established. 4. Damages a. Cost to Repair Peter s computers were damaged by the power surges. These damages are foreseeable and are recoverable in negligence or recklessness.
4 b. Cost to Restore Data It is entirely foreseeable that a computer services company might lose data as a result of a tortious interference with the electrical power supply. Peter can recover these damages under both recklessness and negligence theories. c. Lost Income Peter has been providing his advanced computer services to local commercial enterprises for ten years. It is foreseeable that Dan s conduct would cause Peter to suffer lost income, and it is likely Peter will be able to prove his losses well enough to recover them via recklessness or negligence theories. d. Loss of Goodwill Peter seeks damages for loss of goodwill and other incidental effects of the disruption of his business. He must prove up these damages if he is to recover them. The court cannot require a defendant to pay damages that are speculative. 5. Defenses Dan does not have any strong defenses. Although it is true that Dan did not specifically intend to hurt Peter, Dan s conduct was outrageous. No facts are present to suggest Peter assumed the risk or in any way contributed to his own injuries. 6. Conclusion Peter will win compensatory damages for Dan s recklessness. As discussed below, Peter is entitled to punitive damages as well. B. Strict Liability The electrical power grid is ultrahazardous, because high voltage can cause death or great bodily harm. Dan installed the transformer without the electric company s knowledge or consent so his high power kiln could draw more current. Dan will be held strictly liable for all provable damages, as discussed above. C. Trespass / Conversion Dan s intentional acts substantially interfered with Peter s use and enjoyment of his property. These deliberate acts damaged Peter s equipment and caused him to lose data. These theories of liability are weaker than recklessness / negligence and strict liability because Dan did not even know the
5 power line on which he installed the transformer also feeds power to Peter s building, much less specifically intend to damage Peter s business. D. Conclusion Peter will prevail on his recklessness, negligence and strict liability theories. II. May Peter Recover Punitive Damages? As discussed above, Peter should prevail on his recklessness cause of action. Punitive damages are available to Peter for this cause of action to further compensate him and to deter this type of wanton and willful misconduct. Although Peter is likely to allege intentional tort claims, these are unlikely to succeed. If Peter did successfully establish trespass or conversion claims, he would be able to claim punitive damages. There is little doubt that Peter could establish strict liability and negligence claims against Dan. Punitive damages are unavailable for these theories of liability. III. Employees v. Dan for Lost Wages These plaintiffs were employed by Peter s company and were laid off because of the harm caused by Dan s misconduct. It is unclear whether or not these employees have been rehired. Unfortunately, Peter s employees may have no recourse against Dan for their damages. The employees losses are pure economic damages because these plaintiffs did not suffer personal injuries or property damage. Consequently, Peter s laid-off employees may not recover lost wages and benefits from Dan under a negligence theory. The employees chances of recovery improve if Dan s conduct is characterized as reckless. The layoffs are a foreseeable consequence of Dan s outrageous conduct. The employees should be able to collect damages from Dan.
Example: Swimming pools, ladders, refrigerators with doors left on, trampolines, and other kinds of property around a business or home.
Chapter Three Casualty (Liability) Basics LEARNING OBJECTIVES Upon the completion of this chapter, you will be able to: 1. Define basic casualty or liability insurance terms 2. Recognize the liability
More informationCasualty (Liability) Basics
3 Casualty (Liability) Basics LEARNING OBJECTIVES Upon the completion of this chapter, you will be able to: 1. Define basic casualty or liability insurance terms 2. Recognize the liability insurance principles
More informationCORPORATIONS Copyright February State Bar of California
CORPORATIONS Copyright February 2001 - State Bar of California Adam owns 100% of the stock of Sellco, a corporation that sells houses. Sellco's board of directors consists of Adam and his wife Betty. Sellco
More informationCasualty (Liability) Basics
3 Casualty (Liability) Basics OVERVIEW This chapter represents the foundation of liability insurance and discusses the various terms, definitions, principles, and concepts used in liability policies. A
More informationChapter 2. Risk Identification. Enterprise Risk Management. Employment. Chapter 3 Page 1
Chapter 2 Risk Identification Enterprise Risk Management Ultimate Objective of ERM is to handle risks that is harmonious with the strategic plan. Making pre loss arrangements for post loss resources. Need
More informationIN THE UNITED STATES COURT FOR THE EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION
IN THE UNITED STATES COURT FOR THE EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION ASSURANCE TITLE COMPANY, INC. ) Plaintiff ) ) v. ) ) TERRY G. VANN, MIKE ROSS, TRACY RIEDL, ) Civil Action No. 3:08-CV-252
More informationChapter 6 An Economic Theory of Tort Law
Chapter 6 An Economic Theory of Tort Law I. Defining Tort Law A. Intentional versus unintentional torts An intentional tort is one in which the defendant intended to cause harm to the plaintiff by an act
More informationTerms and Conditions for the Shell Escape Rewards Programme (Shell Escape Riders Card)
Terms and Conditions for the Shell Escape Rewards Programme (Shell Escape Riders Card) These are the terms and conditions ("Terms") of the Shell Escape Rewards Programme for motorist using the Shell Escape
More informationPole Attachment Application Small Cell/DAS
Pole Attachment Application Small Cell/DAS 125 Pine Cone Road North SARTELL, MN 56377 PHONE: 320-253-2171 FAX: 320-253-3337 www.sartellmn.com DATE RECEIVED FEE - $3600 (Up to 15 Devices and/or Poles) ============================================================================
More informationObjectives: Pharmacist Liability
Objectives: Pharmacist Liability Martha Dye-Whealan R.Ph., J.D. Define negligence and tort law. Review elements of and defenses to a negligence claim and relate to pharmacy practice. Understand relevance
More informationProfessional Practice 544
March 27, 2017 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.
More informationWhen Trouble Knocks, Will Directors and Officers Policies Answer?
When Trouble Knocks, Will Directors and Officers Policies Answer? Michael John Miguel Morgan Lewis & Bockius LLP Los Angeles, California The limit of liability theory lies within the imagination of the
More informationWEBSITE TERMS OF USE
Last Modified: November 7, 2017 WEBSITE TERMS OF USE Welcome to www.westsidememberlogin.com (this Website ), a website created by Michael L. Johnson, LLC, a California limited liability company ( Company,
More informationDivision of Risk Management Florida Department of Financial Services. General Program and State Liability Claims Information
Division of Risk Management Florida Department of Financial Services General Program and State Liability Claims Information February 21, 2017 Presenter Jimmy Glisson, Risk Management Program Administrator
More informationInternet Services and Central Link Broadband Agreement
Central Link Broadband 155 N League Ranch RD Waco, TX 76705-4917 Internet Services and Central Link Broadband Agreement This Internet Services and Central Link Broadband Agreement (the Agreement ) is between
More informationFinancial Liability Investigation of Property Loss (FLIPL)
7 th JMTC Legal Assistance Information Financial Liability Investigation of Property Loss (FLIPL) Please note that this Information Paper only provides basic information and is not intended to serve as
More informationTERMS OF PRE-ICO TOKEN DISTRIBUTION
TERMS OF PRE-ICO TOKEN DISTRIBUTION PLEASE READ THESE TERMS OF TOKEN SALE CAREFULLY. NOTE THAT SECTION 13 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.
More informationInsights and Commentary from Dentons
dentons.com Insights and Commentary from Dentons The combination of Dentons US and McKenna Long & Aldridge offers our clients access to 1,100 lawyers and professionals in 21 US locations. Clients inside
More informationJujitsu Techniques for Enforcing & Defending Contract Liability Claims
Jujitsu Techniques for Enforcing & Defending Contract Liability Claims January 19, 2017 Jeryl Bowers Sheppard Mullin Partner, Los Angeles T +310-229-3713 M +213-926-3800 jbowers@sheppardmullin.com Sheppard
More informationEmpower Federal Credit Union Mobile Deposit Capture Disclosure and Agreement
Empower Federal Credit Union Mobile Deposit Capture Disclosure and Agreement In this Disclosure and Agreement, the words we, us, our, and Empower mean Empower Federal Credit Union and our successors and
More informationPAYROLL SERVICE AGREEMENT
PAYROLL SERVICE AGREEMENT YOUR NAME: DATE: This Payroll Services Agreement (this Agreement ) is made as of the day of, 20 for the effective service commencement date of, between Client identified above
More informationTERMS AND CONDITIONS OF SERVICE 1. DEFINITIONS: Affiliate means any entity which directly or indirectly owns or controls, is controlled by, or is
TERMS AND CONDITIONS OF SERVICE 1. DEFINITIONS: Affiliate means any entity which directly or indirectly owns or controls, is controlled by, or is under common control with, Donnelley Financial or Client,
More informationBasis for Legal and Regulatory Risk
Basis for Legal and Regulatory Risk Activities 1 Basis for Legal and Regulatory Risk Activity 1 Describing the Basis for Legal and Regulatory Risk 1. A wrongful act or an omission, other than a crime or
More informationPSA COLLECTORS CLUB AGREEMENT
Rev. 07/25/11 Page 1 PSA COLLECTORS CLUB AGREEMENT This PSA Collectors Club Agreement (the Agreement ) is between you ( Customer ) and Collectors Universe, Inc., a Delaware corporation d/b/a Professional
More information1ST NORTHERN CALIFORNIA CREDIT UNION MOBILE REMOTE DEPOSIT CAPTURE AGREEMENT
1ST NORTHERN CALIFORNIA CREDIT UNION MOBILE REMOTE DEPOSIT CAPTURE AGREEMENT This Mobile Remote Deposit Capture Agreement ( Agreement ) contains the terms and conditions for the mobile remote deposit capture
More informationRev. A Lutron Electronics Co., Inc. Commercial Systems Limited Warranty Effective: October 1, 2011
SCOPE This limited warranty ( Warranty ) covers Lutron Electronics Co., Inc. ( Lutron ): (a) commercial lighting control system panels, controls, processor panels, wall box products, and sensors (collectively,
More informationObjectives. Why do People Sue? Understanding Medical Malpractice 3/2/2014. Discuss reasons why people sue
Understanding Medical Malpractice Debbie Sullivan, PhD, PA-C March 7, 2014 Objectives Discuss reasons why people sue Understand the 4 elements of medical malpractice Define standard of care Contrast claim
More informationHARLEY-DAVIDSON DEMO CAMPAIGN 2018 HOW TO ENTER
HARLEY-DAVIDSON DEMO CAMPAIGN 2018 HOW TO ENTER Eligibility Requirements please read carefully To be eligible to enter, individuals must: be an Australian or New Zealand resident be over 18 years of age
More informationStandard Services Agreement
Standard Services Agreement By signing the Sign Up Today form this service agreement ( Agreement ) is made and entered into by and between, EdMartz, LLC operating under trade name Liquid ( Service Provider
More informationNegotiating and Enforcing Complex IP Indemnification Provisions. Eleanor M. Yost Shareholder Carlton Fields Jordan Burt, PA
Negotiating and Enforcing Complex IP Indemnification Provisions Eleanor M. Yost Shareholder Carlton Fields Jordan Burt, PA eyost@carltonfields.com Agenda General Considerations Definitions Implied Warranty
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Corporations/Contracts And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Beth, Charles, and
More informationGENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE 1. PRICES FACILIS prices are exclusive of taxes, shipping, and insurance. Domestic prices apply only to products purchased for use in the United States. Export prices
More informationCivil Design Consultants, Inc.
Civil Design Consultants, Inc. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Project: CLIENT: Dakota Ridge waterline replacement Dakota Ridge Homeowner s Association ENGINEER: Civil Design Consultants,
More informationAmerican Express Connect to QuickBooks Program Terms and Conditions
Last Modified: November 02, 2017 American Express Connect to QuickBooks Program Terms and Conditions PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS (this "Agreement") BEFORE REGISTERING FOR
More informationAnnex I to the Commission Staff Working Paper
Annex I to the Commission Staff Working Paper THE LEGAL SYSTEMS OF CIVIL LIABILITY OF STATUTORY AUDITORS IN THE EUROPEAN UNION Update of the study carried out on behalf of the Commission by Thieffry &
More informationINTERCONNECTION AND OPERATING AGREEMENT
INTERCONNECTION AND OPERATING AGREEMENT This Interconnection and Operating Agreement ( Agreement ) for the facility located at, in the City of, Michigan, is entered into this day of, 200 by and between
More informationREO REDACTED CURRENT OWNER SEARCH
REO REDACTED CURRENT OWNER SEARCH Client: Date: 12/15/20172:06 PM Address: Effective Date: 12/10/2017 12:00:00 AM Client Loan #: Order #: 170486402 Subject Property Information Reported Owner: Property
More informationSelf-Insurance Program Protection and Reporting
Self-Insurance Program Protection and Reporting An introduction to the University of Florida J. Hillis Miller Health Center Self-Insurance Program 06/11 Self-Insurance Program PROTECTION UF JHMHC Self-Insurance
More informationREO REDACTED CURRENT OWNER SEARCH
REO REDACTED CURRENT OWNER SEARCH Client: Date: 05/01/2018 / 7:42 AM Address: Effective Date: 4/16/2018 12:00:00 AM Client Loan #: Order #: 180206245 Subject Property Information Reported Owner: Property
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 BOCHETTO & LENTZ, P.C. Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. A. HAROLD DATZ, ESQUIRE, AND A. HAROLD DATZ, P.C. Appellee No. 3165
More informationKCMBA CLE June 19, I. What are an insurance company s duties to its insured?
KCMBA CLE June 19, 2018 Third-Party Bad Faith I. What are an insurance company s duties to its insured? II. III. If you are attempting to settle a case with an insurance company, how should your settlement
More informationTRACE Mobile is giving away 10 x movie tickets to its App users in the month of October All you have to do is
Stand a chance to win 1 of 10 double tickets (per city) to a pre-launch screening of #TheHateYouGive, courtesy of Trace Mobile and Nu Metro cinemas. TRACE Mobile is giving away 10 x movie tickets to its
More informationCUSTOMER AGREEMENT WITH SVIC FOR HIGH SPEED INTERNET SERVICE
CUSTOMER AGREEMENT WITH SVIC FOR HIGH SPEED INTERNET SERVICE 1. AGREEMENT The documents consisting of the Customer Agreement, Installation Agreement, acceptable Use Policy, and Privacy Policy collectively
More informationDOWNEY FEDERAL CREDIT UNION MOBILE CHECK DEPOSIT/REMOTE DEPOSIT CAPTURE AGREEMENT
DOWNEY FEDERAL CREDIT UNION MOBILE CHECK DEPOSIT/REMOTE DEPOSIT CAPTURE AGREEMENT This Mobile Remote Deposit Capture Agreement ( Agreement ) contains the terms and conditions for the mobile remote deposit
More informationINNOVOLT WARRANTY, PROTECTION PROMISE AND TERMS
INNOVOLT WARRANTY, PROTECTION PROMISE AND TERMS Innovolt End-User Terms & Conditions : Innovolt provides terms and conditions when purchasing its devices, software, or services (T&C s). The below listed
More informationAPPLE REPAIR CLUB, INC. DATA RECOVERY TERMS AND CONDITIONS
APPLE REPAIR CLUB, INC. DATA RECOVERY TERMS AND CONDITIONS This APPLE REPAIR CLUB, INC. Data Recovery ( APPLE REPAIR CLUB ) Terms and Conditions ( Agreement ) is provided to you ( Client or you ) in connection
More informationSAMSUNG ELECTRONICS AMERICA, INC. ONLINE REMOTE MANAGEMENT SERVICES ONLINE REMOTE MANAGEMENT SERVICE TERMS AND CONDITIONS 1.
SAMSUNG ELECTRONICS AMERICA, INC. ONLINE REMOTE MANAGEMENT SERVICES ONLINE REMOTE MANAGEMENT SERVICE TERMS AND CONDITIONS 1. LEGAL NOTICE 1.1 This legal notice (these Terms ) applies to the Online Remote
More informationCOVERAGE D - ELECTRONIC DATA PROCESSING PROFESSIONAL LIABILITY ENDORSEMENT
GENERAL STAR INDEMNITY COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE D - ELECTRONIC DATA PROCESSING PROFESSIONAL LIABILITY ENDORSEMENT GSI-04-C166 (9/96) Page 1 of 7 COVERAGE
More informationLecture 4. Introduction to the economics of tort law
Lecture 4. Introduction to the economics of tort law Lecture outline What are torts? The elements of an actionable tort Different liability rules Properties of different liability rules Errors Risk aversion
More informationWEBSITE TERMS OF USE
WEBSITE TERMS OF USE ACCEPTANCE OF TERMS: The TERMS OF USE that follow govern your use of this website. The websites are managed by the SEIU Benefit Funds, which includes the SEIU National Industry Pension
More informationWHAT EVERY LAWYER SHOULD KNOW ABOUT INSURANCE COVERAGE
WHAT EVERY LAWYER SHOULD KNOW ABOUT INSURANCE COVERAGE Jean H. Hurricane SSL Law LLP John S. Worden Schiff Hardin LLP 1 2 I. TYPES OF INSURANCE 3 4 FIRST PARTY V. THIRD PARTY 5 CLAIMS MADE V. OCCURRENCE
More informationINDEPENDENT CONTRACTOR AGREEMENT
INDEPENDENT CONTRACTOR AGREEMENT WHEREAS Dixie Electric Membership Corporation (hereinafter DEMCO ) is a nonprofit electric membership cooperative authorized to do and doing business in the State of Louisiana;
More informationREO REDACTED CURRENT OWNER SEARCH
REO REDACTED CURRENT OWNER SEARCH Client: Date: 12/27/20173:38 AM Address: Effective Date: 12/21/2017 12:00:00 AM Client Loan #: Order #: 170504062 Subject Property Information Reported Owner: Property
More informationDamages for personal injury (Tort and Contract)
Damages for personal injury (Tort and Contract) Introduction In the case of personal injury and death, damages are assessed the same way whether the action arises in negligence or an intentional tort,
More informationChapter 7 Topics in the Economics of Tort Liability
Chapter 7 Topics in the Economics of Tort Liability I. Extending the Economic Model A. Relaxing the core assumptions of the model developed in the previous chapter 1. Decision makers are rational In order
More informationERISA Causes of Action *
1 ERISA Causes of Action * ERISA authorizes a variety of causes of action to remedy violations of the statute, to enforce the terms of a benefit plan, or to provide other relief to a plan, its participants
More informationTRANSCODIUM TNS TOKEN SALE TERMS
TRANSCODIUM TNS TOKEN SALE TERMS Last updated: March 12, 2018 PLEASE READ THESE TOKEN SALE TERMS CAREFULLY. NOTE THAT SECTIONS 14 AND 15 CONTAIN A BINDING ARBITRATION CLAUSE AND REPRESENTATIVE ACTION WAIVER,
More informationb. "Documentation" means the user guides and manuals for installation and use of the Product regardless of format.
IMPORTANT! Be sure to carefully read and understand all the terms and conditions set forth in this Agreement ( Agreement ) prior to opening, installing, or using this Product (as defined below). This Product
More informationMOBILE DEPOSIT SERVICES DISCLOSURE AND AGREEMENT
MOBILE DEPOSIT SERVICES DISCLOSURE AND AGREEMENT In this Disclosure and Agreement, the words I, me, my, us and our mean the consumer or business member that applied for and/or uses any of the Mobile Deposit
More informationYOUR GUIDE TO PRE- SETTLEMENT ADVANCES
YOUR GUIDE TO PRE- SETTLEMENT ADVANCES What is a pre-settlement advance? If you have hired an attorney to bring a lawsuit, and if you need cash now, you may be able to obtain a pre-settlement advance on
More informationMANAGED CARE ERRORS AND OMISSIONS COVERAGE ENDORSEMENT FIDUCIARY COVERAGE SECTION E1855MBG-0309
MANAGED CARE ERRORS AND OMISSIONS COVERAGE ENDORSEMENT FIDUCIARY COVERAGE SECTION E1855MBG-0309 In consideration of the premium charged, it is hereby understood and agreed that FIDUCIARY COVERAGE SECTION
More informationManaging Risk Through Effective Contract Negotiation
Managing Risk Through Effective Contract Negotiation You don t get what you deserve; you get what you negotiate. Christen E. Barua, J.D. Senior Contract & Grant Officer Office for Sponsored Research Let
More informationPOWER PURCHASE and INTERCONNECTION AGREEMENT FOR SNAP GENERATION
POWER PURCHASE and INTERCONNECTION AGREEMENT FOR SNAP GENERATION This Agreement, effective the day of, 20 by and between PUBLIC UTILITY DISTRICT NO. 1 OF Chelan COUNTY, WASHINGTON, herein referred to as
More informationProfessional indemnity for chartered accountants Policy wording
The General terms and conditions and the following terms and conditions all apply to this section. Cover under this section is given on an each and every claim or loss basis unless otherwise specified.
More informationCASE STUDIES Germany
CASE STUDIES Germany Tort claim example (1)... 1 Scenario 1... 1 Scenario 2A... 3 Scenario 2B... 4 Scenario 3... 4 Tort claim example (2)... 5 Scenario 4A... 5 Scenario 4B... 6 Scenario 4C... 6 Contract
More informationWIN A NEW CALEDONIA GETAWAY COMPETITION WITH SAINT LOUIS & MAISON CASTEL (competition)
Terms and conditions for trade promotions (game of skill) WIN A NEW CALEDONIA GETAWAY COMPETITION WITH SAINT LOUIS & MAISON CASTEL (competition) GAME OF SKILL 1. Information on how to enter and the prize
More informationSkyAngelGPS Annual Purchase and Services Agreement
SkyAngelGPS Annual Purchase and Services Agreement This Agreement is made this day of, 20, by and between Assistive Technology Services LLC. Dealer and Customer. Purchaser (Subscriber) Information: (Person
More informationREO REDACTED CURRENT OWNER SEARCH
REO REDACTED CURRENT OWNER SEARCH Client: Date: 12/05/20174:34 AM Address: Effective Date: 11/30/2017 12:00:00 AM Client Loan #: Order #: 170470316 Subject Property Information Reported Owner: Property
More informationa l'-4~f.ljr WESTERN DISTRICT OF ARKANSAI). c r'l~ l.-<{ivs-4
Case 4:14-cv-04139-SOH Document 1 Filed 10/24/14 Page 1 of 11 PageID #: 1 Jrp- U,-S"'t:-!,$ D. I t...-j:;,' Vs IttDISl'/TIC ~ l'rh I'a IN THE UNITED STATES DISTRICT COURT ASSURANCE COMPANY OF AMERICA,
More informationPOLE AND ANCHOR ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS P.U.C.O. NO. 1 POLE AND ANCHOR ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS
FRONTIER NORTH INC. 4th Revised TITLE PAGE Cancels 3rd Revised TITLE PAGE Applying to any attachment by a cable television system Or other entity excluding power companies, to a pole, Pedestal, direct
More informationCCRA EXHIBITOR AGREEMENT
CCRA EXHIBITOR AGREEMENT This Agreement is made and entered into as of the last date on the signature page, by and between CCRA International, Inc., a Delaware corporation headquartered at 320 Hemphill
More information05. Limiting Liability in Government Contracts
05. Limiting Liability in Government Contracts 4 Limiting Liability in Government Contracts March 12, 2014 Erin L. Toomey etoomey@foley.com Attorney Advertising Prior results do not guarantee a similar
More informationTERMS AND CONDITIONS RELATING TO CONNECTION OF DOMESTIC PROPERTIES TO THE PHOENIX NATURAL GAS LIMITED NETWORK
TERMS AND CONDITIONS RELATING TO CONNECTION OF DOMESTIC PROPERTIES TO THE PHOENIX NATURAL GAS LIMITED NETWORK BACKGROUND These Terms and Conditions apply to: (i) any application for a Domestic Property
More informationCommercial Entity Agreement
>> View all legal agreements Commercial Entity Agreement Last Update: Jan 23, 2016 Print Download PDF Please view download and save this policy. COMMERCIAL ENTITY AGREEMENT FOR CREDIT CARD PROCESSING SERVICES
More informationPurchase of Insurance as waiver
Can immunity be waived by contracting with a vendor and being named as an additional insured? Purchase of Insurance as waiver Cities and Municipalities Local Boards of Education Counties Any local board
More informationContract Drafting: Fundamental Principles Every Lawyer Should Know
Contract Drafting: Fundamental Principles Every Lawyer Should Know ACC SoCal January 27, 2016 Jeryl Bowers Sheppard Mullin Partner, Los Angeles T +310-229-3713 M +213-926-3800 jbowers@sheppardmullin.com
More informationspace; (iv) arising out of the use of the exhibition premises. Such indemnification shall not apply if damage or injury results solely from the gross
We fully understand that this form shall become a binding contract upon our acceptance of exhibit space and is subject to the terms, conditions, rules, and regulations set forth herein, and as set forth
More informationREO REDACTED CURRENT OWNER SEARCH
REO REDACTED CURRENT OWNER SEARCH Client: Date: 12/29/20177:54 PM Address: Effective Date: 12/20/2017 12:00:00 AM Client Loan #: Order #: 170503632 Subject Property Information Reported Owner: Property
More informationCommercial Entity Agreement
Commercial Entity Agreement Last Update: Jan 09, 2018 Print Download PDF Please view download and save this policy. COMMERCIAL ENTITY AGREEMENT FOR CREDIT CARD PROCESSING SERVICES HSBC BANK COMMERCIAL
More informationNASDAQ Futures, Inc. Off-Exchange Reporting Broker Agreement
2. Access to the Services. a. The Exchange may issue to the Authorized Customer s security contact person, or persons (each such person is referred to herein as an Authorized Security Administrator ),
More informationStandard Form of Agreement
Standard Form of Agreement 1. Digital Mobile Service (Consumer Terms) a) The agreement consists of your application, the terms and conditions, the service description, our pricing tables and those covenants
More informationThe Insurer s Duty to Defend After Swagger
The Insurer s Duty to Defend After Swagger I. Introduction On September 9, 2005, the Supreme Court of British Columbia delivered Reasons for Judgment in Swagger Construction Ltd. v. ING Insurance Company
More informationCASUALTY TERMS, PROVISIONS AND CONDITIONS
CASUALTY TERMS, PROVISIONS AND CONDITIONS Casualty Insurance is that type of insurance that is primarily concerned with losses caused by injuries to persons and the legal liability imposed upon the insured
More informationREO REDACTED CURRENT OWNER SEARCH
REO REDACTED CURRENT OWNER SEARCH Client: Date: 12/27/20173:01 AM Address: Effective Date: 12/18/2017 12:00:00 AM Client Loan #: Order #: 170503633 Subject Property Information Reported Owner: Property
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS ANDERSON MILES, Plaintiff-Appellant, UNPUBLISHED May 6, 2014 v No. 311699 Wayne Circuit Court STATE FARM MUTUAL AUTOMOBILE LC No. 10-007305-NF INSURANCE COMPANY, Defendant-Appellee.
More informationTHE SAFETY ACT WHAT IS A DESIGNATED ACT OF TERRORISM? WHAT IS PROTECTED UNDER THE SAFETY ACT?
THE SAFETY ACT The SAFETY (Support Anti-terrorism by Fostering Effective Technologies) Act provides broad liability protections, caps and other legal incentives for qualified entities that sell, use, integrate,
More informationTERMS AND CONDITIONS RELATING TO WEBSITE
TERMS AND CONDITIONS RELATING TO WEBSITE Acceptance In order to use the website www.publica.io and its content, you must first agree to the following Terms and conditions. You may not use the website if
More informationFarmers and USC VIP Experience SWEEPSTAKES OFFICIAL RULES
Farmers and USC VIP Experience SWEEPSTAKES OFFICIAL RULES This Farmers and USC VIP Experience Sweepstakes ( Sweepstakes ), sponsored by Farmers Insurance Exchange ( Sponsor or Farmers ), is subject to
More informationTerms and Conditions of 2b App Service
Terms and Conditions of 2b App Service 1. Unless otherwise provided, terms used herein shall bear the same meanings pursuant to the General Terms and Conditions of Hong Kong Broadband Network Limited (
More informationKirtanlal International / Al Zahra Scaffold TRD. LLC. Scaffolding and Formwork Division January Standard Terms and Conditions of trade.
Kirtanlal International / Al Zahra Scaffold TRD. LLC Scaffolding and Formwork Division January 2016. Standard Terms and Conditions of trade. Definitions. Conditions means the Conditions of Trade. Contract
More informationRISK TRANSFER PROVISIONS
RISK TRANSFER PROVISIONS ARE YOU PROTECTED? ARE YOU EXPOSED? JONATHAN A. CASS JOHN A. GREENHALL TRAVIS SHAFFER OCTOBER 1, 2018 TOPICS The basics on contractual indemnifications and insurance requirements
More informationURBANDOOR GUEST TERMS OF SERVICE Version Last Updated: June 15, 2018
URBANDOOR GUEST TERMS OF SERVICE Version 1.0.3 Last Updated: June 15, 2018 PLEASE READ THIS AGREEMENT (THE AGREEMENT ) CAREFULLY BEFORE USING THE SERVICES OFFERED BY URBANDOOR, INC. ( URBANDOOR ). BY CLICKING
More informationNEW BRANDS SOCIAL MEDIA FREE PRIZE DRAW TERMS AND CONDITIONS
KILDARE VILLAGE NEW BRANDS SOCIAL MEDIA FREE PRIZE DRAW TERMS AND CONDITIONS NO PURCHASE NECESSARY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHICH GOVERN ALL ASPECTS OF PARTICIPATION IN THE PROMOTION
More informationREO REDACTED CURRENT OWNER SEARCH
REO REDACTED CURRENT OWNER SEARCH Client: Date: 01/24/20188:18 PM Address: Effective Date: 1/18/2018 12:00:00 AM Client Loan #: Order #: 180034334 Subject Property Information Reported Owner: Property
More informationGeneral Information. Claims made
Professional Inde General Information The General Information set out below is provided for your information only. It does not form part of the insurance contract with you, and is not part of the policy
More informationChapter 41 - Legal and Other Proceedings
Chapter 41 - Legal and Other Proceedings Authoritative Sources FAR 31.205-47 Costs Related to Legal and Other Proceedings FAR31.205-33 Professional and Consultant Service Costs FAR 31.204 Application of
More informationLesson 1 Essentials of Legal Liability
Lesson 1 Essentials of Legal Liability Introduction In the three policies we will cover later in this course, the greatest majority of coverage arises from an insured person's legal liability. Legal liability
More informationPROPOSED AMENDMENTS TO SENATE BILL 454
SB - (LC ) // (CJC/ps) PROPOSED AMENDMENTS TO SENATE BILL 1 1 0 1 On page 1 of the printed bill, line, after ORS insert. and. Delete lines through and delete pages through and insert: SECTION 1. Sections
More informationREO REDACTED CURRENT OWNER SEARCH
REO REDACTED CURRENT OWNER SEARCH Client: Date: 01/23/20185:02 PM Address: Effective Date: 1/2/2018 12:00:00 AM Client Loan #: Order #: 180013603 Subject Property Information Reported Owner: Property Address:
More information