The contractual provision at issue here--[p]aragraph 12 of the [d]eposit [a]greement--does not modify or seek to disclaim the bank's responsibility to exercise good faith and ordinary care
34) Specifically, the defendant challenged the plaintiffs petition for not alleging sufficient facts to show that the defendant had failed to exercise ordinary care
They alleged that Lessaris breached his duty to exercise ordinary care
and skill in renewing, procuring, binding, and placing the requested insurance coverage as required by the code.
others or conduct marking an extreme departure from ordinary care
It was the landlord's duty to exercise ordinary care
to keep the stairway and entrance in reasonably safe condition;
Given the sophisticated nature of the hacking, it may be harder to say they didn't use ordinary care
," he says.
This general impression test must be applied from the perspective of an average customer, who is trusting and inexperienced, and includes viewing the advertisement with nothing more than ordinary care
to what is written on the actual document.
7 trillion annual cost of health care in the United States is the extraordinary price for ordinary care
Five of those claims alleged either federal civil rights violations and/or common law breaches of duty of ordinary care
The private sector was left to cater for older people requiring ordinary care
Section 406 of Article 3 of the UCC states, "A person whose failure to exercise ordinary care
substantially contributes to an alteration of an instrument .
Manslaughter charges were also out of the question, Plattner said, since prosecutors would have to prove "that someone acted more than merely negligently or by failure to use ordinary care
," that Christie's mistreatment was "gross and flagrant" and revealed "reckless disregard for human life"; or that his jailers "must have known, or reasonably should have known" that their actions were "likely to cause death or great bodily injury.
Iraqi diplomat has appreciated the program and paid tribute to MD Bait-Ul-Mal Zamurd Khan's efforts on providing extra ordinary care
to children in Sweet Homes, taking keen interest in the program he assured all possible cooperation for the extension of the programme.
Under each of these theories of recovery, the employer's liability rests upon proof that the employer knew or, through the exercise of ordinary care
, should have known that the employee's conduct would subject third parties to an unreasonable risk of harm.
Key Assets disability services have been designed in partnership with young people, families and professionals to meet the complex and ordinary care
needs of children and young people in Western Australia.