In truth it would be negligent for them not to.
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"The government cannot be negligent claiming budget constraints forever," said de Paula.
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It would be negligent to our national security not to find out.
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Anne-Marie: There are laws that punish parents when they are found to be negligent.
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" • Quotation of the day "I'm like, how can I be negligent for kissing my girl?
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"It would be negligent for anyone involved in the matter to not retain counsel," Weaver told Politico.
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"Any person found to be negligent will be held accountable, and it will be severe," he said.
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I don't know how you can follow all policies and procedures and still be found to be negligent.
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It would be negligent not to admit that tortoises have played a role in the history of science.
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It would be negligent to not acknowledge that serious mental illness has been identified in some mass shooters.
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"It would be negligent for anyone involved in the matter to not retain counsel," Weaver told the news outlet.
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AMC Networks was found NOT to be negligent, but the show and its production company, Stalwart Films, were found liable.
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Under California law, utilities are responsible for wildfires caused by their equipment, even if they are not found to be negligent.
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So Facebook appears to be negligent in terms of putting in place the safeguards to ensure the ... The platform is safe.
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Motherboard managing editor Emanuel Maiberg says it would be "negligent not to include" this skin featuring Sonic the Hedgehog character Knuckles.
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Financial institutions and non-bank payment service providers, if found to be negligent, will be subject to having their illegal income forfeited.
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It was a tragic accident, and it was determined to be negligent, and because three people died, it was determined to be criminally negligent.
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I'd be negligent if I didn't point out there are a couple other, limited ways that Ring can work with Amazon's voice assistant today.
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"[Morton] should NEVER get her dog back under any circumstances, she has already proven to be negligent with the dog," Kaley Kiss wrote on Facebook.
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As the body within the House with jurisdiction over U.S. foreign policy, we would be negligent if we left the questions about this incident unanswered.
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The next transfer window does not ostensibly open until June, but teams would be negligent if they were not already working on their lineups going forward.
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It would be negligent to avoid mentioning that her stance on Peterson's sexuality, which contributes in part to her utter conviction that he is guilty, feels blatantly homophobic.
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It would be negligent for the Democratic Party and its apparent standard-bearer to not adopt much of her work as the core of the upcoming presidential campaign.
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"Were we to ignore certain words on the grounds that they are offensive, we would be negligent in our duty as lexicographers," Ms. Brewster said in her email.
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But he says they would be negligent if they failed to spell out to customers, employees and suppliers the damage that Brexit will do to the economy and jobs.
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"Insurers must prepare themselves for a sustained period of low interest rates; anything else would be negligent," Frank Grund, head of insurance supervision at financial market regulator Bafin, told Reuters.
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"It would be negligent for the Finance Committee to fail to investigate a whistleblower's allegations of political interference in the presidential and vice-presidential audit process," Wyden said on Twitter.
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PG&E is required by law to serve homes nestled in wildland areas and is liable if its equipment starts a fire, whether or not it was found to be negligent.
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While it is not always clear whether a day care center is likely to be negligent, there are several precautions parents can take to help ensure that their child remains safe.
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While President Trump should be allowed to eat his ketchup-doused steak in peace, it would be negligent to completely overlook his eating habits, which include a heavy reliance on fast food.
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Given what we now know about the negative cognitive effects of blast exposure on servicemembers' brains, it would be negligent for DoD to subject servicemembers to these blasts and not record this exposure.
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"It would be negligent for the Finance Committee to fail to investigate a whistle-blower's allegations of political interference in the presidential and vice-presidential audit process," Mr. Wyden said in a statement.
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According to the report, just two employees regularly accessed the FBI database: Lisa Wilde, the employee who was found to be negligent, and a mailroom employee who had next to no training with the system.
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And it would be negligent to not mention that a genuine pop star, the attention magnet that is John Mayer, is currently touring in the Garcia role with three of the band's original members as Dead & Company.
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BERLIN (Reuters) - German Economy Minister Peter Altmaier said on Wednesday it would be negligent to end up in a trade conflict with the United States, which has imposed tariffs on imports of steel and aluminum from some countries.
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Florida courts recognize that landowners may be negligent if they know or should know of an unreasonable risk of harm posed by an animal on their premises, and cannot expect patrons to realize the danger or guard against it.
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"Material in the Committee's possession, as well as Michael Cohen's Committee testimony and admissions to the Special Counsel's Office, raise serious, unresolved concerns about the obstruction of our Committee's investigation that we would be negligent not to pursue," Schiff said.
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Fears that some European regulators may go rogue on U.S. firms seen to be negligent on privacy are running high on both sides of the Atlantic as the two governments rush to meet a Tuesday deadline set by the agencies.
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There is one other dynamic here I'd be negligent not to mention: When Trump talked about drug companies "getting away with murder," he was borrowing directly from Bernie Sanders and the most progressive wing of the Democratic Party, of which Ellison is a member.
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In order to hold you responsible, your "conduct must be negligent in some respect, such as poor hygiene, hoarding, or bringing in discarded furniture from outside," said Bruce A. Cholst, a real estate lawyer in the New York City office of the law firm Anderson Kill.
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In response, Sony Music Nashville CEO Randy Goodman told Billboard that his team had started testing the song in some country radio markets, adding "it would be negligent not to look at it".
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Additionally, supervision and monitoring was found to be negligent. On 11 January 2010, as a result of these findings, three senior officials of Sepco, the Chinese company contracted to build the chimney, were arrested and are being held without bail.
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Among the 15 killed were 4 from the engine crews, and 21 passengers were injured, some seriously. Both locomotives were heavily damaged, but were rebuilt. Several passenger cars were destroyed. An inquest was held which found the switchman to be negligent.
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The defendant can also be grossly negligent, which is the mens rea required by involuntary manslaughter offences, such as seen in the case of R v Adomako (1994), where the defendant was held to be negligent as he had "breached a duty of care".
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The Oulu District Court handled the case in a matter of four days in December 2014. Vornanen-Karaduman was charged with five murders and five counts of concealing a corpse. She denied all charges, and insisted on her innocence. However, if found guilty, she claimed that it would at most be negligent homicide or aggravated death.
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In what became a test case for liability clauses, Hooker Chemical was found to be "negligent" in their disposal of waste, though not reckless in the sale of the land. The dumpsite was discovered and investigated by the local newspaper, the Niagara Falls Gazette, from 1976 through the evacuation in 1978. Hooker Electrochemical Quit Claim Deed to Board of Education.
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2001) Moreover, full-service attorneys handle all aspects of a case and can be liable for legal malpractice should they be negligent in their representation of clients. Critics claim that, should an attorney limit the scope of his or her representation of a client, they might escape a malpractice claim despite having committed malpractice.Ellis v. Maine, 448 F.2d 1325 (1st Cir.
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Ultramares sued Touche Niven for the amount of the Stern debt, declaring that a careful audit would have shown Stern to be insolvent. The audit was found to be negligent, but not fraudulent. The judge set this finding aside based on the doctrine of privity, which protects auditors from third party suits. An intermediate appellate court reinstated the negligence verdict.
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While the American Legion reportedly criticized the assessment, Glen M. Gardner Jr., the national commander of the 2.2 million-member Veterans of Foreign Wars, generally defended it, saying it "should have been worded differently" but served a vital purpose. "A government that does not assess internal and external security threats would be negligent of a critical public responsibility", he said in a statement.
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Prime Minister Prayut Chan-o-cha in August 2018 ordered police to ease road congestion within three months by using integrated traffic control systems. He threatened to take disciplinary action against any police station found to be negligent in their traffic control duties. In 1995 Prime Minister Thaksin Shinawatra made a similar pledge: to ease traffic woes within six months.
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CAN NEGLIGENCE & INTENTION OVERLAP? In S v Ngubane, Jansen JA stated that "dolus postulates foreseeing, but culpa does not necessarily postulate not foreseeing. A man may foresee the possibility of harm and yet be negligent in respect of that harm ensuing." Prior to Ngubane, there had been a conflict in both academic and judicial opinion about whether dolus (intention) and culpa (negligence) were mutually exclusive concepts.
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The waterproofing worked, but as had been repeatedly shown, it was horribly flammable.Handley, Rich. The Circus Fire (Connecticut Public Television), 2000 Circus management was found to be negligent and several Ringling executives served sentences in jail. Ringling Brothers' management set aside all profits for the next ten years to pay the claims filed against the show by the City of Hartford and the survivors of the fire.
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A negligent discharge (ND) is a discharge of a firearm involving culpable carelessness. In judicial and military technical terms, a negligent discharge is a chargeable offence. A number of armed forces automatically consider any accidental discharge to be negligent discharge, under the assumption that a trained soldier has control of his firearm at all times. This is the case in the United States Army,Trevino, Abel.
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A Marine Enquiry was later held in Port Adelaide to investigate the circumstances and cause of the incident. The captain of the vessel was not found to be negligent in his actions. In August 1939, Boston Island was described by a visitor from Melbourne as a 'green wonder... graceful and yet stately.' In 1950, Boston Island was purchased by Wilfred (Bill) Hogan of Calca Station, Streaky Bay district.
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Reynolds JA rejected the proposition that doctors could not be negligent if they acted in accordance with the usual and customary practice and procedure in their “medical community”, holding that "it is not the law that, if all or most of the medical practitioners in Sydney habitually fail to take an available precaution to avoid foreseeable risk of injury to their patients, then none can be found guilty of negligence".
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Lord Denning MR held there was a contractual warranty and damages were not limited. Lord Denning MR distinguished Bisset v Wilkinson because each party was 'equally able to form an opinion.' The damages awarded were for the loss suffered, not the loss of a bargain. He went on and said, if there had been no warranty (which there was) there would still be negligent misrepresentation liability in tort.
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The system of signing blank cheques was held to be negligent, and liable for losses under s.214 IA 1986. Furthermore, no distinction should be drawn in principle between an executive and a non-executive director. Foster J held further that it would not be appropriate for the court to exercise its discretion to relieve the three directors on the basis that they acted "honestly and reasonably" under s.
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Although it may also by typified as a statement of fact, the act creating the wrong impression is not a positive one; it is negative, in that it fails to remove an existing wrong impression by not disclosing facts which would remove that impression. The failure or omission may take the form of active concealment—that is, it may be intention—or inadvertent non-disclosure, which means that it may be negligent or even innocent.
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Regulators were also found to be negligent in holding the bank accountable. The bank examiner from the Office of the Comptroller of the Currency tasked with investigating Riggs in 2002, R. Ashley Lee, was later given an executive position at Riggs. In 2004, Lee was placed on paid leave by the bank pending a United States Department of Justice investigation on whether he violated government ethics rules. The disclosure of the Riggs accounts reignited the case against General Pinochet.
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The 24-year-old died when the car she was driving was hit by another that had run a red light in Baltimore. Progressive fought to avoid payment due to Fisher's estate. Fisher's insurance policy with Progressive included coverage in the event of an accident with an underinsured driver. The underinsured driver was found to be negligent in a jury trial brought by the Fisher family, with the Fisher family contending that Progressive provided legal assistance to the defense.
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The trial judge found contributory negligence on the part of the plaintiff for crossing the road without due regard for her own safety. For this reason, the judge could not positively find the defendant to be negligent. On the other hand, the trial judge was also unable to find that the defendant was "not guilty". In light of this, the plaintiff's claim would fail if it was brought in negligence instead of trespass, where fault is an essential element.
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It may seem that one is morally blameworthy for failing to rescue in such a case. Smith notes that there are two ways one can not do something: consciously or unconsciously. A conscious omission is intentional, whereas an unconscious omission may be negligent, but is not intentional. Accordingly, Smith suggests, we ought to understand failure as involving a situation in which it is reasonable to expect a person to do something, but they do not do it—regardless of whether they intend to do it or not.
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In May 2015, almost a year and a half after the accident, the Bronx D.A.'s office announced it would not be filing charges. "There was no criminality in the act, therefore no criminal charges," said a spokeswoman for Johnson, adding that he had made that decision several months beforehand. Rockefeller's lawyer, Jeffrey Chartier, said that since his client hadn't known of his medical condition, he could not be considered to be negligent. It was "the only logical conclusion", similar to what the NTSB had already found.
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Throughout the first few episodes, Dr. Ahmer cannot come to terms with the death of his foster father and the sudden emergence of Baba's granddaughter who now owns the house where he spent his entire life. Upon repeated visits to the house Ahmer finds the new owner to be negligent towards the maintenance of the property. It angers him to see his father's house in disrepair. Through his lawyer, he makes many attempts to buy the house from the current owners but is always rejected.
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The ferry was on a regular crossing in normal conditions, and the Anemone Reef was charted and well known by captains in the area. This has led to various unproven theories as to why the accident occurred. Theories include insurance fraud due to the owners experiencing financial difficulties on the unprofitable route, and also that local dive companies paid the captain to sink the vessel as, up until that time, there was no wreck dives around Phuket. The captain was found to be negligent.
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In 1986, the Port Authority sold rights to the World Trade Center name for $10 to an organization run by an outgoing executive, Guy F. Tozzoli. He in turn made millions of dollars selling the use of the name in up to 28 different states. After the 1993 World Trade Center bombing, the Port Authority was sued by survivors of the attack for negligence in not making security upgrades to known flaws that could have prevented the attack. The Port Authority was ruled to be negligent.
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The interference can be negligent or intentional. For instance in the duties of farm operations, an action constituting a nuisance will be deemed intentional even if it is unintended if it is an easily likely consequence of the farmer's otherwise protected farming activities. The drifting of sprayed farm pesticides onto a neighbor's land is considered an intentional nuisance even though this particular result is unintended. Right- to-farm policies vary at different policy levels, resulting in inconsistent interpretations regarding what constitutes an 'agrarian district' or 'proper' agrarian practice.
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In the 19th century, an action for negligence was only available if there was a particular relationship between the injured person and the person said to be negligent. The most common founding of the relationship was that of contract, but only where both people were party to the same contract, referred to as privity of contract. (2015) 41 Monash University Law Review 716. Thus in Winterbottom v Wright, Winterbottom had a contract with the Postmaster-General to drive a mail coach, while Wright had a contract with the Postmaster-General to maintain the mail coach.
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Kasowitz worked for the law firm Mayer Brown until 1993, when Kasowitz, 18 other lawyers, and two clients left Mayer Brown to establish the Kasowitz Benson Torres law firm. After the 1993 World Trade Center bombing, Kasowitz defended the Port Authority of New York and New Jersey in a lawsuit filed by victims of the attack. In 2005, the Port Authority was ruled to be negligent. He has also defended Bill O'Reilly from allegations of sexual harassment, who was ultimately forced out at Fox News in April 2017.
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Judge Napier C.J. found Hearse's driving to be negligent and Hearse was ordered to compensate Dr Cherry's family. The trial judge also found that Chapman was liable to make a contribution to Hearse of one quarter of the damages. Proceeding this case between Hearse and Dr. Cherry's estate, Chapman lodged an appeal to the full court of the Supreme Court of South Australia against Hearse on the grounds that he had no duty of care to the deceased and that Hearse's action had broken the chain of causation.
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Even though the general objective standard of care cannot come down, it can be raised where the individual defendant has expressly or impliedly represented skills and abilities in excess of the ordinary person. It is an unfortunate fact of life that some professionals prove to be negligent because even those with the most experience can make a mistake. The consequences to their clients can be disastrous. Thus, professionals providing services in a wide range of situations, from surveyors and estate agents to doctors, solicitors, accountants, financial services providers, Information Technology professionals, patent agents, etc.
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On August 6, 1980, the decomposed remains of a newborn male infant were found by a bulldozer operator in the West End Landfill in Larksville Borough, Pennsylvania. Cause of death was found to be negligent homicide, and the child had been alive for up to three days before dying. Investigators believe that he came from Larksville, Wilkes-Barre, Wyoming (Pennsylvania), Kingston, Courtdale, or Berwick, based upon the trash found on and around the body. The body was kept at the coroner's funeral office for two weeks, but nobody claimed the body.
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On October 10, 2005, a cleaning crew found the body of a full-term infant with umbilical cord still attached in a trash bin in a women's restroom at Sky Harbor Airport in Phoenix, Arizona. Cause of death was found to be negligent homicide by exposure. The infant was found in Terminal 4, the busiest terminal in the airport, as well as home to both US Airways and Southwest Airlines. This has led investigators to believe that the newborn may have been delivered elsewhere and then deposited in the trash bin.
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The core duty is to avoid any possibility of a conflict of interest. Other duties that fiduciaries have (but any agent may also have) include the duty of care, skill and competence (i.e. not to be negligent) and the duty to follow the terms of one's assignment. Discussed further in Peacock v Thomas 516 US 349 (1996) Under §1102, a fiduciary is anyone who administers a plan, its trustees, and investment managers who are delegated control. Under §1104, fiduciaries must follow a "prudent" person standard, involving three main components.
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The Marine Board of South Australia held an inquiry in the loss of the barque and on 9 February 1880, found the master, Alexander Laws, to be negligent. A further inquiry presided over by four magistrates was convened where evidence from expert witnesses was heard. On 25 February 1880, the inquiry found Captain Laws not guilty of the charge of negligence. Timber recovered from the wreck site is reported as being used to build a water store known as Lady Kinnaird Tanks which adjoined the current alignment of Lincoln Highway about north of Port Neill.
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Fawcett Publications, Inc. went to trial in 1948. Although the presiding judge decided that Captain Marvel was an infringement, DC was found to be negligent in copyrighting several of their Superman daily newspaper strips, and it was decided that National had abandoned the Superman copyright. (Detailed summary of the cases and rulings related to National Comics Publications v. Fawcett Publishing.) As a result, the initial verdict, delivered in 1951, went in Fawcett's favor. National appealed this decision, and Judge Learned Hand declared in 1952 that National's Superman copyright was in fact valid.
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While working at Ball State University, Maetta Vance contended that Saundra Davis, a catering specialist, had made Vance’s life at work unpleasant through physical acts and racial harassment. Vance sued her employer, the university, for workplace harassment by a supervisor. To win a lawsuit for harassment under Title VII of the Civil Rights Act of 1964, it is necessary to show that the employer is negligent in responding to complaints about harassment. However, to win a lawsuit for harassment by a supervisor, the employer does not have to be negligent because Title VII imputes the supervisor’s acts to the employer.
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Several other people were discovered to be negligent during that period, including Radioman Second Class Egon Bress of the Fourth Torpedo Boat Half-Flotilla who was arrested in February 1934 for taking photographs of Enigma and hundreds of cryptographic documents for his own uses. The Kriegsmarine considered physical security important, but how the machine was used, was also critically important. Poor practice was corrected on an ongoing basis. On 9 January 1932 Radioman Kunert, located at the Baltic naval base in Kiel, made a fundamental mistake when he transmitted both the enciphered and plain message to anybody who was listening.
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Failure of a doctor to not help at all in such a situation would generally be regarded as negligent and unethical. Though, if a doctor helps and makes a mistake that is considered negligent and unethical, there could be egregious repercussions. An untrained person would only be considered to be negligent for failing to act if they did nothing at all to help and is protected by the "Good Samaritan" laws if they unintentionally caused more damage and possible loss of life. A business may approach a professional engineer to certify the safety of a project which is not safe.
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Article 2 has been interpreted to include the positive obligation of the state to ensure preventive measures are taken to protect citizens. The leading case on the matter is Osman v UK which overruled the UK court's decision in Hill v West Yorkshire as to the fact that public bodies could not be held to be negligent. Some cases establish further obligations for states; for instance, LCB v UK establishes a positive obligation for states to take "appropriate steps to safeguard the lives of those within their jurisdiction." Likewise, Makaratzis v Greece pushes these obligations further, so that the state must have mechanisms to deter offenses against people.
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Carr argued that this created what he called: "the most comprehensive tort reform that any government has developed ... at the expense of the plaintiff lawyers who had fed on a culture of rorts and rip-offs". Carr noted in his diary: "It's not worth being Premier unless you can take privileges off the undeserving." However the fact that the law effectively made it impossible to claim for any injury worth less than around $60,000 was criticised by New South Wales Chief Justice James Spigelman and others. Spigelman argued that it effectively "eliminates small claims" entirely, giving "people the right to be negligent and injure someone up to a given level before they become liable".
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The Lexington Herald-Leader wrote that Stumbo generally sided with consumers and workers against businesses and with defendants in criminal law cases, but noted that there were exceptions. In what the paper called "her most criticized ruling", she found that, under a literal reading of Kentucky law, a litigant who had been injured in an automobile accident could not collect damages unless there was a court ruling that found the other driver in the accident to be negligent. The Kentucky Supreme Court reversed this decision, saying Stumbo should have considered the legislature's intent. Stumbo also halted refund payments ordered by a lower court in a finding against Louisville Gas & Electric (LG&E;) in a rate dispute, saying the court had no power to set utility rates.
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Already ten trains had reported difficulty braking on the track that morning. The 11th train had to use its emergency brakes upon reaching Clementi station, and while it was waiting for the brakes to be recharged so that it could move off again, the 12th approached the station and could not brake in time to avoid hitting the 11th train. The Communications Minister at that time, Mah Bow Tan, said that as the SMRT staff followed procedures and none were found to be negligent, so no staff would be punished. However SMRT promised to look into the problem of oil spillage from maintenance locomotives by replacing the hoses and oil seals on all locomotives, checking all locomotives for leaks upon their return to depots, and assigning a station master to inspect tracks for oil.
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Usage of the term am ha'aretz in the Hebrew Bible has little connection to usage in the Hasmonean period and hence in the Mishnah. The Talmud applies "the people of Land" to uneducated Jews, who were deemed likely to be negligent in their observance of the commandments due to their ignorance, and the term combines the meanings of "rustic" with those of "boorish, uncivilized, ignorant". In antiquity (Hasmonean to the Roman era, 140 BCE–70 CE), the am ha'aretz were the uneducated rustic population of Judea, as opposed to the learned factions of the Pharisees or Sadducees. The am ha'aretz were of two types, the am ha'aretz le-mitzvot, Jews disparaged for not scrupulously observing the commandments, and the am ha'aretz la-Torah, those stigmatized as ignoramuses for not having studied the Torah at all.
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After Wessels's reply, the case adjourned, and a year later a majority of the Appellate Division returned with its decision. It held that the apposite approach to the present case, where Van der Westhuizen (whatever his ostensible conduct) was not in reality performing any of the functions set out in section 5 of the Police Act,Act 7 of 1958. would proceed from the basis for vicarious liability set out in the case of Feldman (Pty) Ltd v Mall:1945 AD 733. > A master who does his work by the hand of a servant creates a risk of harm > to others if the servant should prove to be negligent or inefficient or > untrustworthy [....] Because he has created this risk for his own ends he is > under a duty to ensure that no one is injured by the servant's improper > conduct or negligence in carrying on his work.741.
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ATTEMPT & ACCOMPLICES ACTUS REUS and MENS REA: THE CONTEMPORANEITY RULE Where fault (mens rea) is an element of the crime charged, the unlawful conduct and the fault must exist contemporaneously. In other words, the wrongdoer must intend to commit or be negligent in the commission of the crime at the time that the crime is being committed. Thus a person will not be guilty of murder if, "whilst he is driving to Y's house in order to kill him there, he negligently runs over somebody, and it later transpires that the deceased is Y." Likewise, it is not murder if a person kills another accidentally and "later expresses his joy at having killed him." The contemporaneity rule has been in issue in cases where the accused intends to kill another and, having inflicted what he thinks is a fatal wound on that other person, he then disposes of the body or sets alight to the building in which the body lies.
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The Appellate Division dismissed the appeal, referring to the proposition that a master (in this instance, the State) who does his work by the hand of a servant (in this instance, the sergeant) creates a risk of harm to others if the servant should prove to be negligent or inefficient or untrustworthy. The sergeant's conduct, on the facts, had fallen within the purview of the risk created by State in employing him, and it was evident to the court that the sergeant's employment was conducive to the wrongs he committed. The State, therefore, was found to be vicariously liable for those wrongs. The case is cited most often for the following passage: > It seems clear that an act done by a servant solely for his own interests > and purposes, although occasioned by his employment, may fall outside the > course or scope of his employment, and that in deciding whether an act by > the servant does so fall, some reference is to be made to the servant's > intention.
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In particular, the court distinguished between three different stages of intoxication and their effect on criminal liability: # If the accused was so drunk that he was performing involuntary movements with his arms and legs, he would not be criminally liable, because such movements would not be regarded as "conduct" for the purposes of criminal liability. # If he was less drunk, but drunk enough that he had lost his powers of insight and/or self-control, he would not be liable, because he would lack criminal capacity. # If he was even less drunk, but merely drunk enough that he failed to foresee the unlawful consequences of his actions, he would lack fault in the form of intention, and would therefore escape liability for a crime that required this form of fault—although he could still be negligent and might therefore not escape liability for a crime that required this form of fault. The case of Chetrien explains why intoxication features as a defence under unlawful conduct, again under criminal capacity, and again under fault.
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