A reporter who isn't indemnified at Univision—do you think it's reasonable to really pursue a hot story that might result in litigation if they're not indemnified?
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If Sonorant is indemnified, what Mallinckrodt could pay would be significantly less.
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He will also be indemnified for legal claims against him, such as the Carlson suit.
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First, Gawker has indemnified Denton, meaning that it has agreed to pay his legal tab.
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Kaepernick and the four receivers signed standard waivers that indemnified the league if they got injured.
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Israel demanded that its military officers and government officials be indemnified against prosecution on war crimes allegations.
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Israel had demanded that its military officers and government officials be indemnified against prosecution on war crimes allegations.
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And yes, when Uber acquired his company, it indemnified him for intellectual property claims as part of the acquisition.
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Jay: He said every employee is indemnified—Keenan: Oh sorry—reporter—Jay: No, no, you made a blanket statement.
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Hogan asserts that what the jury in the sex-tape case concluded qualifies as such and means Denton isn't indemnified.
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It's unclear if Mr. Levandowski will have to pay, given that his employment agreement with Uber stated it indemnified him.
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Make sure that, in the agreements, you are insulated from or indemnified for liability for any wrongdoing by the company.
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The source said Ailes' contract indemnified him from employment-related claims, which was why the company was settling on his behalf.
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Thirty years later, 10 of the fired professors, including Dr. Shlakman, were indemnified with pension settlements after receiving an apology from college officials.
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This coverage thus ensures protection in the event of a yield loss where qualifying losses will be indemnified at the agreed upon price.
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This exposed the Fed to new risks; Paulson effectively indemnified the Fed against those risks, apparently without real legal authority to do so.
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And while Gawker Media's former employees are indemnified from future litigation in regard to their old work at the company, any deal for Gawker.
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Under the harvest price option coverage, however, producer losses are indemnified at the higher of the price at planting or the price at harvest.
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The judge admonished the lawyers to try to resolve the case before a trial, noting that the psychologists are being indemnified by the United States government.
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One side says Wall Street already went through a sexual misconduct and harassment purge years ago and has relatively indemnified itself via a series of tangible changes.
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In 2007 the receiver sued ACE, an offshore insurance giant that had bought and indemnified Cigna's property-and-casualty business in the late 1990s, in the Cayman Islands.
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But we also need them to make all of us richer, and that's not just about making sure that we're indemnified against the risks of wrecking-ball competition.
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Keenan: So Tim Marchman's penultimate question was, do you think it's reasonable to expect a reporter who isn't indemnified to pursue aggressive, adversarial coverage at a potentially litigious subject?
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Keenan: Is it unreasonable to ask, if what you're saying is true, which is that every Univision employee is indemnified, is it unreasonable to ask why that is not in writing?
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"If you respect yourself and you respect others, you would never make light of the misfortune of anyone, nor would you feel indemnified when it comes at the expense of others," she wrote.
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"If you respect yourself and you respect others, you would never make light of the misfortune of anyone, nor would you feel indemnified when it comes at the expense of others," Craig wrote.
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Keenan: Do you think it's reasonable for a reporter at any of the sites—or even Fusion—who is not indemnified to pursue aggressive, adversarial coverage of a subject that might sue them?
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What that became, though, that plus the combination of some legislative things, like Communications Decency Act, section 230, that act was created so that they were indemnified from the content on their platform.
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The settlement established that Facebook would be subject to privacy reviews, but was largely viewed as a sweetheart deal that indemnified Facebook and its execs from all privacy missteps prior to June 12, 2019.
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They are also sensitive to continued losses over and above those that are indemnified by NAB, such as greater conduct costs than anticipated or protracted operational costs relating to setting up a standalone banking group.
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Alligators & Snakes hereby agree to perform such tasks for the U.S. Government with the understanding that Alligators & Snakes are indemnified from any and all injuries sustained; expenses incurred; or loss of life, limbs, liberty, happiness, abilities, earrings, shoes, electronics, etc.
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In the wake of the reporting, the Surface Transportation Board ruled that railroads "cannot be indemnified for its own gross negligence, recklessness, willful or wanton misconduct," according to a 2010 letter by then-Surface Transportation Board chairman Dan Elliott to members of Congress.
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The French government, the wildlife agents and the bear associations periodically declare only a minority of sheep farmers are against the bears, that most of the population supports them, that damage is relatively minor and that the owners are fully indemnified for any losses.
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Under terms of the bankruptcy, the company that emerged, referred to as New G.M., was indemnified against most claims against the prebankruptcy company, or Old G.M. Last year, Judge Robert E. Gerber of United States Bankruptcy Court in Manhattan ruled that most ignition-switch claimants could not sue the new company for damages.
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"You and the Company recognize that, in addition to being indemnified for the amount of payments the Company is obligated to make as a result of your misconduct, such misconduct can cause significant damage to the Company which is difficult or impossible to measure," the agreement said, according to The Hollywood Reporter.
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"If you respect yourself and you respect others, you would never make light of the misfortune of anyone, nor would you feel indemnified when it comes at the expense of others," Craig shared on her Instagram Story less than an hour after video of Thompson appearing to get close to a woman that wasn't Kardashian surfaced.
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Evidence-based analyses that I published in 21625 and 2900 concluded that during the period between the onset of the so-called War on Terror in October 220006 through December 2202 — a period when "enhanced interrogation techniques" were used against individuals deemed to be "enemy combatants" and when the U.S. embraced policies that indemnified U.S. officials in the event that torture was used by third-party countries provided U.S. officials did not intend for such torture to take place — there was a 2628 percent increase in the number of transnational terrorist incidents and a 28500 percent increase in the number of deadly incidents over and above the previous 6900 2628/28503 years.
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Stockdale was thus finally defeated, and the printer was indemnified.
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As recompense for his error, the return preparer indemnified the taxpayers in that amount.
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The Ottoman Empire was indemnified in the sum of 40,000,000 piastres for the loss of territory in the new kingdom.
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One year after the event, the insurance industry loss aggregator PERILS AG published its final loss estimate for Xynthia of €1.32bn, excluding the French indemnified losses.
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Ownership of the land has been regularised, with all former landowners indemnified. The consultative council was created on 15 December 2014. The management plan was approved on 15 March 2015.
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A compromise was hammered out whereby the property claims of the Radziwills against the Chodkiewiczes were nullified and the latter were indemnified for their handling of the assets of Princess Sophia.
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Liabilities which aren't indemnified by the corporation are potentially covered by certain types of D&O; insurance (particularly Side-A Broad Form DIC policies).Liability Issues for Officers and Directors. AllBusiness.
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In the case of Lloyd's, this resulted in the bankruptcy of thousands of individual investors who indemnified general liability policies written from the 1940s to the mid-1970s for companies with exposure to asbestosis claims.
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The Court of Appeal held, after noting that interest was awardable under the court's equitable jurisdiction, that Mr Moir could be indemnified by the company for his costs. Since the derivative claim meant the company was proceeding against Dr Wallersteiner, Mr Moir was ineligible for legal aid. Moreover, contingency fee arrangements with Mr Moir's lawyers could not be sanctioned (although Lord Denning MR opined that public policy might approve it in some derivative claims). Hence, the costs of litigation for minority shareholders would be indemnified by the company.
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Rajashree was awarded the houses in Beverly Hills and Los Angeles, and some of his luxury cars, while he kept the apartment in Hawaii. The settlement indemnified Rajashree from financial responsibility in Bikram's pending (or possible future) lawsuits.
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Browne J awarded £1008 in damages, finding that Roy Bowles employee was negligent. Roy Bowles brought proceedings to be indemnified under clause 3(4) but it was held that the exemption clause could not cover their own negligence.
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Historian Samuel Morison wrote that the riots were "equivalent to a Confederate victory". The city treasury later indemnified one-quarter of the amount. Fifty buildings, including two Protestant churches, burned to the ground. On August 19, the draft was resumed.
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It lies in the municipalities of São Roque de Minas, Sacramento, Capitólio, Vargem Bonita, São João Batista do Glória and Delfinópolis in the state of Minas Gerais. As of 2016 only of the park in the tableland of Canastra had been regularized, with former owners indemnified.
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Cicero argued that the senatus consultum ultimum indemnified him from punishment, and he attempted to gain the support of the senators and consuls, especially of Pompey.Tom Holland, Rubicon, pp. 237–39. Cicero grew out his hair, dressed in mourning and toured the streets. Clodius' gangs dogged him, hurling abuse, stones and even excrement.
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A trial was set for June 2017. On July 28, 2017, U.S. District Judge Justin Lowe Quackenbush denied both parties' motions for summary judgment, noted that the defendants are indemnified by the United States government, and encouraged the attorneys to reach a settlement before trial. A settlement was reached in August 2017.
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What applies in such circumstances is the principle of autrefois acquit or autrefois convict. There is therefore no need for the witness to be indemnified twice. Section 204 does not violate the right to a fair trial. In S v Suliman, it was argued that it does so violate; the court disagreed.
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In doing this, EQC indemnified Fletcher Building against any future liability. In June 2013, the Auditor-General reported on EQC's performance in managing the Canterbury Home Repair Programme. She found it had been "mixed". For building claims, EQC chose first to assess properties to determine the extent and cost of repairing any damage.
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William Murray, 2nd Lord Nairne (ca. 1665 – 3 February 1726) was a Scottish peer and Jacobite who fought in the Rising of 1715, after which he was attainted and condemned to death for treason, but in 1717 he was indemnified and released. In 1721, he was created Earl of Nairne in the Jacobite peerage.
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Sharing National Intelligence threat data among public and private partners is a hard problem and one that we should all care about. The National Intelligence Threat Sharing (NITS) project is intended as an innovative solution to this hard problem. Altogether NITS is both innovative and useful. But first, to ensure that NITS is trustworthy, private partners must be indemnified.
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In 1960, Timothy Leary started research in psychedelic drugs at Harvard, which Murray is said to have supervised.Jonathan D Moreno Harvard's Experiment on the Unabomber, Class of '62 Psychology Today May 25, 2012 Some sources have suggested that Murray's experiments were part of, or indemnified by, the US Government's research into mind control known as the MKUltra project.
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The usual remedy was for the complainant to sue the public servant responsible for the injury. A famous example was the case of Entick v Carrington. The Crown usually indemnified the servant against any damages. Henry Brougham called for equality between Crown and subjects in a House of Commons motion in 1828 but it was to be a further century before the proposal was realised.
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He and his crew may have captured one last ship before ending their voyage, taking a vessel belonging to Carolina plantation owner Jonathan Amory. Raynor ran the ship aground and gave its guns to Charles Town. Absolved of piracy by 1692, he and the crew settled locally. Records show him recognized as a merchant, having been indemnified against accusations stemming from his pirate days;.
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Cicero, having executed members of the Catiline conspiracy four years before without formal trial, and having had a public falling-out with Clodius, was clearly the intended target of the law. Cicero argued that the senatus consultum ultimum indemnified him from punishment, and he attempted to gain the support of the senators and consuls, especially of Pompey. When help was not forthcoming, he went into exile.
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The insured can, by notice, claim for a constructive total loss with the insurer becoming entitled to the ship or cargo if it should later turn up. (By contrast an actual total loss describes the physical destruction of a vessel or cargo.) :s.79: deals with subrogation; ie. the rights of the insurer to stand in the shoes of an indemnified insured and recover salvage for his own benefit.
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The Hof acted then as Notary. Another example was the remissiebrief of people who had received a pardon in criminal cases. This remissiebrief was the certificate stating the pardon and this had to be endorsed (interineerd) by the Hof (after a procedure in which the validity of the pardon was tested, and the victims in the crime were asked if they had been adequately indemnified by the pardoned criminal).
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Such activities should be limited to occasional, temporary, well-collateralized lending to solvent, supervised depository institutions at an appropriate interest rate premium. More expansive lending should be agreed and indemnified in advance by the fiscal authorities. # The SOMC believes that, by following these basic principles, the Fed would create the monetary and financial framework that best facilitates the efficient functioning of free- market, prosperity-creating, institutions in the U.S. economy.
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The Daewongun was briefly restored to power, only to be forcibly taken to China by Chinese troops dispatched to Seoul to prevent further disorder. In August 1882, the Treaty of Jemulpo (Japan–Korea Treaty of 1882) indemnified the families of the Japanese victims, paid reparations to the Japanese government in the amount of 500,000 yen, and allowed a company of Japanese guards to be stationed at the Japanese legation in Seoul.
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If the Claimant accepts the compensation, the claimant assigns his rights to sue any other individual who has caused him loss in respect of the inaccuracy (e.g.: the previous Owner and Seller of the property etc.) to the Keeper.Land Registration (Scotland) Act 2012 s.77(4) This means the Keeper can 'step into the claimant's shoes' and be indemnified from the other individuals for the compensation made to the claimant .
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On large plantations, slave overseers were authorized to whip and brutalize noncompliant slaves. Slave codes authorized, indemnified or even required the use of violence and were long criticized by abolitionists for their brutality. Slaves as well as free Blacks were regulated by the Black Codes, and had their movements regulated by patrollers and slave catchers, conscripted from the white population, who were allowed to use summary punishment against escapees, which included maiming or killing them.
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The SCO Group's litigation rights against IBM and Novell did not transfer to UnXis, and The SCO Group subsequently renamed itself to The TSG Group. UnXis indicated that it had no involvement or interest in any ongoing aspects of those actions: "There is no place for litigation in our vision or plan." Indeed, UnXis would be indemnified from any legal costs of ongoing litigation. Initially, UnXis was headquartered in Las Vegas, Nevada.
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There was considerable impropriety in John Dickson's handling of the affairs of the company, which he had been given exceptional licence to manage without much supervision. Heavily discounted shares and debentures were transferred to him, as well as surplus land. Moreover, major liabilities of the Company were indemnified by him personally. In September 1867 Dickson became bankrupt, heavily indebted to the Neath and Brecon Railway, and the Company itself was now in serious trouble.
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On October 13, 2015 the American Civil Liberties Union filed a lawsuit against the psychologists who designed the interrogations, James E. Mitchell and Bruce Jessen, on behalf of Salim, Mohamed Ahmed Ben Soud, and the estate of Gul Rahman. On July 28, 2017, U.S. District Judge Justin Lowe Quackenbush denied both parties motions for summary judgment, noted that the defendants are indemnified by the United States government, and encouraged the attorneys to reach a settlement before trial.
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Abun-Nasr (1987: p.370) Facing financial difficulties and foreign debt problems, Abd al-Hafid and El Glaoui imposed new heavy taxes, which set the country simmering. In return for a new French loan, Abd al-Hafid was forced to capitulate to the Franco-Moroccan accords in March, 1911, which enlarged the tax and property privileges of French expatriates, ratified French administration of the occupied Oujda and Chaouia regions, and even indemnified them for their military expenses.
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The city treasury later indemnified one-quarter of the amount. Historian Samuel Eliot Morison wrote that the riots were "equivalent to a Confederate victory". Fifty buildings, including two Protestant churches and the Colored Orphan Asylum, were burned to the ground. 4,000 federal troops had to be pulled out of the Gettysburg Campaign to suppress the riots, troops that could have aided in pursuing the battered Army of Northern Virginia as it retreated out of Union territory.
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Dossier Secreto. Westview Press, 1993. The private shareholders of Papel Prensa, including the widow Lidia Papaleo, were later indemnified in 1985 by President Raúl Alfonsín's administration, which sought to correct some of the abuses of the period of the Dirty War. More than 20 years later, amid a series of political controversies between Clarín and Kirchnerism, in 2010 Papaleo testified to having been personally threatened by Clarín executive Héctor Magnetto during the sale of her shares of Papel Prensa.
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Lindsay, J. O. (1957) The New Cambridge Modern History Cambridge University Press, Cambridge, England, page 205, As compensation he received instead the duchies of Lorraine and Bar, which was to pass to France upon his death. He died in 1766. Francis Stephen, who was the Duke of Lorraine, was indemnified with the vacant throne of the Grand Duchy of Tuscany, the last Medici having died in 1737. France also agreed to the Pragmatic Sanction in the Treaty of Vienna.
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In exchange for losing the privilege, the witness earns the right to indemnity. Section 204 is available only to the State, not to the defence. The privilege falls away also if the witness has already been indemnified—he might have given the same evidence in an earlier trial—or has already been acquitted or convicted. This is so because the witness is not in any jeopardy; there is no increase in his risk of self-incrimination.
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The Ottoman Empire was indemnified in the sum of 40,000,000 piastres for the loss of the territory. The borders of the Kingdom were reiterated in the London Protocol of 30 August 1832 signed by the Great Powers, which ratified the terms of the Constantinople Arrangement in connection with the border between Greece and the Ottoman Empire and marked the end of the Greek War of Independence creating modern Greece as an independent state free of the Ottoman Empire.
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Land Registration (Scotland) Act 2012 s.84 If the Claimant accepts the compensation, the claimant assigns his rights to sue any other individual who has caused him loss in respect of the inaccuracy (e.g.: the previous Owner and Seller of the property etc.) to the Keeper.Land Registration (Scotland) Act 2012 s.77(4) This means the Keeper can 'step into the claimant's shoes' and be indemnified from the other individuals for the compensation made to the claimant .
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In 1989, Diamond's predecessor bought 6 drilling rigs from the predecessor of Kaneb Management. Some of Kaneb's employees continued to work for Diamond after the transaction and then sued Diamond for personal injuries they allegedly suffered from asbestos exposure while they worked for Kaneb. In a 2013 filing with the SEC, Diamond acknowledged that its equipment had been used for the "manufacture and use of asbestos-containing drilling mud" but sought to be indemnified from liability.
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The Unlawful Organizations Act No 34 of 1960 (commenced 7 April 1960) allowed the apartheid government of South Africa to declare unlawful any organizations deemed to threaten public order or the safety of the public. This legislation was enacted within a few weeks of 1960's Sharpeville Massacre. The African National Congress (ANC) and Pan Africanist Congress (PAC) were immediately declared unlawful, and the Indemnity Act that followed legislatively indemnified supporters of the apartheid regime from any wrongdoing connected to the massacre.
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Rehearsals started with this trio; Kienholz was invited to join but declined the offer to continue working on his own musical projects. Bassist Turo Pashayan was nowhere to be found despite the band's persistent search. This might be a result of the fact that Pashayan was detained in Switzerland on the basis of false pretenses as investigations have unveiled and he will be indemnified. 32 years after they played their last concert and 31 years after the Best of Tea Vol.
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US law requires payment of 8 cents per barrel of oil to the Oil Spill Liability Trust Fund for all oil imported or produced. In exchange for the payment, operators of offshore oil platforms, among others, are limited in liability to $75 million for damages, which can be paid by the fund, but are not indemnified from the cost of cleanup. As of 2010, before payouts related to the Deepwater Horizon drilling rig explosion, the fund stood at $1.6 billion.New York Times.
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His mother and their maid are saving money to help him with the expenses. The families make no reference in their plans to instances of crime, including murder, committed by American soldiers in the Philippines who are indemnified against prosecution under laws of extraterritoriality. Bonifacio's mother works at a commissary at an American base. She is mistreated by a Filipino female guard, who strips Santo of her “smuggled” panties and waves them like a flag to the delight the American male guards.
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It was in this spirit that on 17 November 1899 Waldeck-Rousseau filed an amnesty law covering "all criminal acts or misdemeanours related to the Dreyfus affair or that have been included in a prosecution for one of these acts" excluding only Alfred Dreyfus himself who was instead pardoned to be able to still seek acquittal. Many Dreyfusards protested as this indemnified not only Zola and Picquart against (further) punishment but also protected the real culprits. Despite these massive protests the bill was passed.
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After his death, Greene met the pressures of rearing her children and handling Nathanael's devastated finances. With the help of the new plantation manager, Phineas Miller (who had been her children's tutor), Mulberry Grove was thriving by 1788. At the urging of a trusted adviser, she personally presented to the United States Congress a petition for indemnity to recover funds that Nathanael had paid to Charleston merchants. On April 27, 1792, President George Washington approved and signed an act that indemnified the Greene estate.
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On July 28, 2017, U.S. District Judge Justin Lowe Quackenbush denied both parties motions for summary judgment, noted that the defendants are indemnified by the United States government, and encouraged the attorneys to reach a settlement before trial. On October 9, 2016, Pulitzer Prize winners Matt Apuzzo, Sheri Fink, and James Risen published a front page article in the New York Times, entitled "How U.S. Torture Left a Legacy of Damaged Minds". The article recounted Ben Soud's description of the torture he endured, in detail.
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He enlisted the help of Philip IV of France in negotiations with Robert III, Count of Flanders, but after four years Crabbe and his men had not been brought to justice. When summoned to trial they had failed to appear; thus, although they were found guilty, de le Waerde was not indemnified. Nothing further is heard of Crabbe until the spring of 1310, when he seized a ship carrying cloth, jewels, gold, silver and other goods worth £2000 which were the property of Alice of Hainault (d. 26 October 1317), Countess Marshal.
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Soros writes that a treaty is needed to transform the European Financial Stability Fund into a full-fledged European Treasury. Following the formation of the Treasury, the European Council could then authorise the ECB to "step into the breach", with risks to the ECB's solvency being indemnified. Soros acknowledges that converting the EFSF into a European Treasury will necessitate "a radical change of heart". In particular, he cautions, Germans will be wary of any such move, not least because many continue to believe that they have a choice between saving the Euro and abandoning it.
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If a group of people failed to disperse within one hour of the proclamation, the act provided that the authorities could use force to disperse them. Anyone assisting with the dispersal was specifically indemnified against any legal consequences in the event of any of the crowd being injured or killed. Because of the broad authority that the act granted, it was used both for the maintenance of civil order and for political means. A particularly notorious use of the act was the Peterloo Massacre of 1819 in Manchester.
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On July 22, 2006, Jason Anderson, a police officer for the city of Minneapolis, shot 19 year old Hmong-American Fong Lee eight times, killing him. Police officials claimed to have found a pistol by his body, and despite Lee's family denying this claim and protesting the shooting, Anderson was allowed to continue working as an officer. Documents revealed after Anderson was legally indemnified, in 2009, reveal that the pistol claimed to have been on Lee's person had actually been in police possession since 2004, when police recovered the weapon after it was reported stolen.
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The House of Lords held that contracts of employment contain an implied term that an employee owes a duty to take reasonable care of the employer's property and in the performance of his tasks. So the lorry, which was entrusted to him, was used carelessly when Martin ran over his father. This meant the son was responsible, and because no term could be implied that an employee may be indemnified by the employer or his insurance, the son would have to pay the insurance company back. Lord Morton said the following on implied terms.
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Lord Baltimore provided Claiborne amnesty for all of his offenses, Virginia laid aside any claim it had to Maryland territory, and Claiborne was indemnified with extensive land grants in Virginia for his loss of Kent Island. Governor Fendall soon had a falling out with Lord Baltimore and led a bloodless revolution in 1659 whereby he and Fuller reorganized Maryland's government to resemble the Commonwealth's. However, the Restoration of Charles II in 1660 forced Fendall into exile and restored the proprietorship. Fendall was replaced as governor by Phillip Calvert.
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If a piece of land was torn away by a stream from someone's land and attached to the land of another, it became the property of the person to whose land it was attached after it was firmly attached to it, but not before. This should not be confused with the case of alluvio. The person who lost their property by accessio had as a general rule a right to be indemnified for their loss by the person who acquired the new property. The exceptions were cases of mala fides.
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From there it maintained a number of features pertaining to sovereignty, such as diplomatic relations, since in canon law these were inherent in the papacy. In the 1920s, the papacy – then under Pius XI – renounced the bulk of the Papal States. The Lateran Treaty with Italy (then ruled by the National Fascist Party under Benito Mussolini) was signed on 11 February 1929, creating the State of the Vatican City, forming the sovereign territory of the Holy See, which was also indemnified to some degree for loss of territory.
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At the end of the war, the Canadian Volunteers were disbanded on 15 June 1815 at Batavia, New York. As most of them were wanted for treason, it was impossible for them to return to their former properties or occupations in Upper Canada (although some at least tried to do so). All Canadians who had performed military service for the United States were indemnified by the United States Congress for their losses, and were rewarded for their services with grants of land in the United States territory, in proportion to their rank.
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An insured is thus said to be "indemnified" against the loss covered in the policy. When insured parties experience a loss for a specified peril, the coverage entitles the policyholder to make a claim against the insurer for the covered amount of loss as specified by the policy. The fee paid by the insured to the insurer for assuming the risk is called the premium. Insurance premiums from many insureds are used to fund accounts reserved for later payment of claims – in theory for a relatively few claimants – and for overhead costs.
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In France, the advocati, known as avoués, were of two types. The first included secular lords, who held the advocateship (avouerie) of an abbey or abbeys, rather as an office than a fief, though they were indemnified for the protection they afforded by a domain and preach revenues granted by the abbey: thus the duke of Normandy was advocatus of nearly all the abbeys in the duchy. The second class included the petty lords who held their advocateships as hereditary fiefs and often as their sole means of subsistence. An abbey's avoué, of this class, corresponded to a bishop's vidame.
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Lord Suirdale (Richard Michael John Hely-Hutchinson) sued Brayhead Ltd for losses incurred after a failed takeover deal. The CEO, chairman and de facto managing director of Brayhead Ltd, Mr Richards, had guaranteed repayment of money, and had indemnified losses of Lord Suirdale in return for injection of money into Lord Suirdale's company Perdio Electronics Ltd. Perdio Ltd was then taken over by Brayhead Ltd and Lord Suirdale gained a place on Brayhead Ltd's board, but Perdio Ltd's business did not recover. It went into liquidation, Lord Suirdale resigned from Brayhead Ltd’s board and sued for the losses he had incurred.
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The Firm offers an extensive range of litigation and alternative dispute resolution advisory and representation services. Its Litigation and Dispute Resolution Practice is led by two equity partners, each with almost two decades of experience within the legal fraternity. They are complemented by two consultants who have had long-standing experience as senior state prosecutors, as well as a team of dedicated salaried partners and associates. The Medico-Legal Practice Group (MLPG) is a highly specialised group within the Litigation and Dispute Resolution Practice, which provides a range of advisory and representation services for doctors indemnified by the Medical Protection Society Ltd.
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Russia also declared war (August 1700), but stopped short of an attack on Swedish Ingria until September 1700. Charles's first campaign was against Denmark–Norway, ruled by his cousin Frederick IV of Denmark, For this campaign Charles secured the support of England and the Netherlands, both maritime powers concerned with Denmark's threats to close the Sound. Leading a force of 8,000 and 43 ships in an invasion of Zealand, Charles rapidly compelled the Danes to submit to the Peace of Travendal in August 1700, which indemnified Holstein.Thomas Derry, History of Scandinavia: Norway, Sweden, Denmark, Finland, and Iceland (2000), p. 154.
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The Companies were placed into insolvent voluntary liquidation in the British Virgin Islands by Mr Sevilleja in December 2013, with alleged debts exceeding US$30m owed to Mr Sevilleja and other entities associated with or controlled by him. Marex was the only non-insider creditor. The liquidator was paid a retainer, and was indemnified against his fees and expenses, by an entity controlled by Mr Sevilleja. The company liquidation process has effectively been on hold, and the liquidator has not taken any steps to investigate the Companies' missing funds or to investigate the claims submitted to him, including claims submitted by Marex.
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Land of Leather sold Linkwise sofas made in China, which contained sachets of the mould-inhibiting chemical DMF. This caused serious rashes to more than 300 users, due to an allergic reaction. Land of Leather had an insurance policy with Zurich Financial Services, but the insurer refused to pay out, claiming that Land of Leather had breached policy terms. This position was accepted on 18 March 2010, by the High Court of England and Wales,BBC: Judge rejects 'toxic sofa' claims in burns injury cases, 18 March 2010 and purchasers will not be indemnified by the insurer.
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The 1922 republican revolution confiscated the building, tore down the royal insignia and continued to rent it. In 1930, by law, the Greek state founded a National Theater, with the intention of erecting a new building, but due to the depression, it was decided to temporarily use the old Royal Theater. When in 1935, the monarchy was reinstated and King George II returned to Greece, the National Theater was renamed Royal Theater, but was now a state owned theater. In fact, the State indemnified Royal Prince Nicholas, uncle of King George II, who had inherited the building.
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He received the pallium (archiepiscopal insignia) from Innocent II through the papal legate, Cardinal Theodignus, who, with many Scandinavian bishops, was present at the provincial Synod of Lund (1139). Eskil completed the new cathedral in Romanesque style, which he consecrated in 1145. On this occasion he increased the membership and the endowments of the cathedral chapter and improved the condition of the cathedral school. On various occasions Eskil was involved in the internal political disputes of rival kings, even to the extent of being temporarily held captive in his own cathedral, for which he was later indemnified by various land-grants.
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If the witness is warned under section 204 of the CPA, the privilege falls away: The witness is then given the right to earn an indemnity in exchange for taking away the privilege against self-incrimination. For example, if while housebreaking one sees a murder occurring, one may be indemnified against incriminating oneself in providing evidence of the murder. This is a question of State strategy: The murder is obviously the more serious offence. Once the procedure in section 204 has been correctly followed, the witness loses the privilege, but gains indemnity against any future prosecution on that charge.
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Even Pepys, who was closely connected to the new regime, recorded his admiration for the conduct of Thomas Harrison at his execution in October 1660. The Lascelles were indemnified and allowed to return home, although Francis was fined and perpetually barred from holding public office. In December 1662, Francis was accused of being involved in the so-called 'Lascelles Plot,' a conspiracy of former New Model Army soldiers and radicals centred on Northallerton; this proved to be a fabrication by government informers, while the actual Rising in October 1663 quickly collapsed. Francis died at Stank Hall in November 1667.
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Once the contract was rescinded, the buyer could be indemnified for the cost of renovation as this was necessary to the contract, but not the medical expenses as the contract did not require them to hire a manager. Were the sellers at fault, damages would clearly be available. The distinction between indemnity and damages is subtle and may be differentiated by considering the roots of the law of obligations: how can money be paid if the defendant is not at fault? The contract before rescission is voidable but not void, so, for a period of time, there is a legal contract.
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Law to Regulate Purchases of Land from Indians (Feb. 14, 1730), in 17 Vaughan and Rosen, at 755 ch. 9 document 24. The colony passed legislation to clear title to all land grants from the colony in 1712; the act declared such grants "free and clear, and freely and clearly acquitted and discharged, or otherwise well and sufficiently saved harmless and indemnified by the said proprietary, his heirs and assigns, of and from all Indian claims, and all other [claims of non-Indians]."Law to Protect Land Grants from Indian Claims (June 7, 1712), in 17 Vaughan and Rosen, at 740 ch.
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However, after the PT went into government, Amorim became his staunch supporter. About the resignation of the IG portal, the site has a page that informs simply discontinued the contract with the journalist: > Over time, contract costs and market conditions made it impossible to > maintain it. Taking the decision , all termination conditions are met and > the journalist properly indemnified . Employees of the blog "Conversa > Afiada" blog, present at the headquarters of IG at the time it was > dispatched the notice of termination, and the site removed from the network, > were given the opportunity to take away the materials needed, but they did > not.
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On October 13, 2015 the American Civil Liberties Union filed a lawsuit on behalf of Rahman's estate and two other former detainees against two psychologists, James Mitchell and Bruce Jessen, who they maintain were responsible for designing the protocols that resulted in Rahman's death and the torture of the other two plaintifs. The ACLU case is the first lawsuit brought against significant individuals identified in the Senate report since it was published. On July 28, 2017, U.S. District Judge Justin Lowe Quackenbush denied both parties motions for summary judgment, noted that the defendants are indemnified by the United States government, and encouraged the attorneys to reach a settlement before trial.
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Title page of a 1907 edition illustrated by C. E. Brock Austen sold the copyright for the novel to Thomas Egerton from the Military Library, Whitehall in exchange for £110 (Austen had asked for £150). This proved a costly decision. Austen had published Sense and Sensibility on a commission basis, whereby she indemnified the publisher against any losses and received any profits, less costs and the publisher's commission. Unaware that Sense and Sensibility would sell out its edition, making her £140, she passed the copyright to Egerton for a one-off payment, meaning that all the risk (and all the profits) would be his.
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Anadarko Petroleum in Gillette, Wyoming In early 2010, BP billed Anadarko more than $272 million as a partial payment for its share of cleanup and response costs in the Gulf. In May 2011, MOEX Offshore, a subsidiary of Mitsui and owner of a 10% non-operating ownership interest in the Macondo Prospect, settled claims with BP for $1.07 billion. In October 2011, Anadarko settled all claims with BP for $4 billion. Anadarko also transferred its 25% stake in Mississippi Canyon Block 252 (Macondo Prospect) to BP and was indemnified by BP for all costs related to the oil spill, including those arising under the Oil Pollution Act of 1990.
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In 1903, some twelve trains per day crossed over the Axholme Joint Railway on the tramway. The bridge over Swinefleet Warping Drain was the subject of an unusual request from Colonel Thompson in 1906, who asked permission for 16 of his female potato pickers to cross it to reach their place of work. To access it, they would need to walk through the goods yard and along the main line, but it would save them having to walk much further each day. The request was granted, provided that the Colonel indemnified the railway against any claims made if the ladies were involved in an accident.
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The Office of the President, along with the Board of Trustees are immune from paying expenses incurred during the defense of the operational well-being of the college.The President of Bates College is given numerous amenities such as the President's House. > [The President of the College when] acting within the scope of his or her > employment in good faith and in a manner reasonably believed by such person > to be lawful and in the best interest of the College, shall, in accordance > with the provisions of Title 13-B of the Maine Revised Statutes, be > indemnified against all expenses, including attorneys’ fees, judgments, nes > and amounts paid in settlement, actually and necessarily incurred by action.
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According to Wallersteiner v Moir (No 2),[1975] QB 373 minority shareholders will be indemnified for the costs of a derivative claim by the company, even if it ultimately fails. While derivative claims mean suing in the company's name, a minority shareholder can sue in her own name in four ways. The first is to claim a "personal right" under the constitution or the general law is breached.e.g. Pender v Lushington (1877) 6 Ch D 70, cf Macdougall v Gardiner (1875) 1 Ch D 13 If a shareholder brings a personal action to vindicate a personal right (such as the right to not be misled by company circularsSee Prudential Assurance v Newman Industries Ltd [1982] Ch 204.
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He also rejected the family's claims they are entitled to be indemnified against the AIB claim by two law firms – Matheson Ormsby Prentice Solicitors and LK Shields Solicitors – over alleged negligent advice concerning the loan. "The family have only themselves to blame for the predicament in which they find themselves," the judge found.' The case has been adjourned to 16 December when AIB is likely to seek judgment orders against the Lynchs, and the court will also deal with the bank's separate claim against Mr Conlon over the loan. The long-running case is expected to have run up huge legal costs, with some experts estimating the bill could be as big as €5m.
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At length the GWR, having been indemnified against any legal action that might arise if they worked the railway, opened it for goods traffic on Monday 25 May 1868.E T MacDermot, History of the Great Western Railway: volume II: 1863 - 1921, published by the Great Western Railway, London, 1931 After the opening, a train ran on Mondays, Wednesdays and Fridays, leaving Awre at 11:10 and arriving at Howbeach at 11:35. Blakeney did not appear in the timetable until January 1870. The service terminated at Howbeach because the branch to New Fancy, although licensed by the Crown on 6 April 1868 to the Park End Coal Company, was not ready until early in 1869.
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Knox did not listen to Calhoun on policy, and there were often conflicts. Taft and Knox tried unsuccessfully to extend John Hay's Open Door Policy to Manchuria. In 1898, an American company had gained a concession for a railroad between Hankow and Szechuan, but the Chinese revoked the agreement in 1904 after the company (which was indemnified for the revocation) breached the agreement by selling a majority stake outside the United States. The Chinese imperial government got the money for the indemnity from the British Hong Kong government, on condition British subjects would be favored if foreign capital was needed to build the railroad line, and in 1909, a British-led consortium began negotiations.
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Battle of Abukir, 25 juillet 1799, 1806 In 1799, having escaped from the besieged city of Genoa, Gros made his way to Paris, and in the beginning of 1801 took up his quarters in the Capucins. His esquisse of the Battle of Nazareth (now in the Musée de Nantes) gained the prize offered in 1802 by the consuls, but was not carried out, owing it is said to the jealousy of Jean-Andoche Junot felt by Napoleon; but he indemnified Gros by commissioning him to paint his own visit to the pest-house of Jaffa. Les Pestiférés de Jaffa (Louvre) was followed by The Battle of Aboukir, 1806 (Versailles), and The Battle of Eylau, 1808 (Louvre).Prendergast, Christopher. (1997).
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Rennie Hogg Ltd hired a van and driver from Roy Bowles (the ‘carrier’) on a monthly basis under the Road Haulage Association’s Conditions of Carriage 1967. Clause 3(4) said Rennie Hogg would ‘keep the carrier indemnified against all claims or demands whatsoever by whomsoever made in excess of the liability of the carrier under these conditions’ and clause 12 limited the liability to the value of one consignment. Gillespie Bros had three gold watched transported by Rennie Hogg, but they were stolen at Heathrow, on the way between Switzerland and Jamaica, out the back of the van while the driver was signing for it in the warehouse. Gillespie Bros brought a claim against Roy Bowles.
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In Head v Gould[1898] 2 Ch 250; 67 LJ Ch 480; 78 Lt 739 was a case in English trust law concerning the indemnity of trustees inter se for a breach of a trust. Where a trustee has committed a breach of trust relying on the professional advice of a fellow solicitor trustee they were entitled to be indemnified by virtue of that reliance . It is one of the few common law situations concerning inter-trustee indemnity that is still thought to apply following the passing of the Civil Liability (Contribution) Act 1978. The rise of professional trustee companies has led to the suggestion that it may become of significant case law in the future.
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Jacques Pierre Brissot (1754–1793), who organized the Society of the Friends of the Blacks in 1788. The convention, the first elected Assembly of the First Republic (1792–1804), on 4 February 1794, under the leadership of Maximilien Robespierre, abolished slavery in law in France and its colonies. Abbé Grégoire and the Society of the Friends of the Blacks were part of the abolitionist movement, which had laid important groundwork in building anti- slavery sentiment in the metropole. The first article of the law stated that "Slavery was abolished" in the French colonies, while the second article stated that "slave-owners would be indemnified" with financial compensation for the value of their slaves.
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The Indemnity Act no. 13 of 1977 (Commencement 16 March) of South Africa was enacted in response to the violence by apartheid supporters during the Soweto uprising on 16 June 1976. This uprising was by the black youths of Soweto protesting against the forced Afrikaans medium decree in schools. With retrospective effect between 16 June 1976 and 16 March 1977, this Act indemnified the government, its officers, and all other persons acting under their authority in respect of acts done, orders given or information provided in good faith for the prevention or suppression of internal disorder, the maintenance or restoration of good order, public safety or essential services, or the preservation of life or property in any part of the Republic.
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The Lascelles were indemnified and allowed to return home, although Francis was fined and perpetually barred from holding public office. The brothers were later accused of involvement in the Northern Rising, a conspiracy of some 100 Anabaptist former soldiers and radicals centred on Northallerton and Leeds. In December 1662, the two were briefly held in York Castle but the 'Lascelles Plot' was soon shown to have been fabricated by government informers while the Rising in October 1663 quickly collapsed. All Saints, Northallerton, where Thomas and other family members was buried The 1665 to 1667 Second Anglo-Dutch War was opposed by many former Parliamentarians on both commercial and political grounds and Thomas was one of those held in preventative detention during the invasion scare of 1666.
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Only if the delay was caused by an insured loss would the insurance pick these expenses up, and only if the policy includes delay in start up coverage. Any repair costs which are not labor or materials and are indemnified to complete the repair of property loss should not be reported under delay in completion and there is no delay in completion until the anticipated date of completion is reached, and the project is not finished. Not all indirect costs are time related expenses that continue after the original date of completion. Those soft costs (indirect costs) which are continuing fixed expenses that continue because the project is delayed by an insured loss are soft costs that should be included with the delay in start up values.
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2 left studentsJapanese Cabinet Meeting document Nov, 1882 and some Min clan members were also killed during the incident. Daewongun was restored to power briefly, only to be forcibly taken to China by Chinese troops dispatched to Seoul to prevent further disorder. In August 1882, the Treaty of Chemulpo (Japan–Korea Treaty of 1882) indemnified the families of the Japanese victims, paid reparation to the Japanese government in the amount of 500,000 yen and allowed a company of Japanese guards to be stationed at the Japanese legation in Seoul. The struggle between Heungseon Daewongun's followers and those of Empress Myeongseong was further complicated by competition from a Korean independence faction known as the Progressive Party (Kaehwadang) as well as Conservative faction.
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Ostensibly related to this curtailment of magisterial power, Clodius also introduced a law that threatened exile to any public official who executed a Roman citizen without a trial. This measure was squarely aimed at Cicero, who as consul in 63 had suppressed Catiline's conspiracy, and ordered the execution of its leading members before they could stand trial. Cicero argued that the senatus consultum ultimum empowering him to deal with the conspiracy indemnified him from punishment, and he sought the support of various senators and the consuls, especially Pompeius, to avoid the consequences of Clodius' legislation. In the spring of 58 BC, when it had become clear that help was not forthcoming, Cicero went into exile in Greece, arriving at Thessalonica on May 29.
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The Ottomans were offered by Francis I of France to winter at Toulon so that they could continue to harass the Holy Roman Empire, and especially the coast of Spain and Italy, as well the communications between the two countries: Only the heads of households were allowed to remain in the city, with the rest of the population having to leave, on pain of death. Francis I indemnified the inhabitants by exempting them from the taille tax for a period of 10 years. Ottoman fleet in front of Genoa in 1544. During the wintering of Barbarossa, the Toulon Cathedral was transformed into a mosque, the call to prayer occurred five times a day, and Ottoman coinage was the currency of choice.
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Francisco Madero arriving in Pachuca in 1912 The Treaty of Ciudad Juárez was a peace treaty signed between the President of Mexico, Porfirio Díaz, and the revolutionary Francisco Madero on May 21, 1911. The treaty put an end to the fighting between forces supporting Madero and those of Díaz and thus concluded the initial phase of the Mexican Revolution. The treaty stipulated that Díaz, as well as his vice president Ramón Corral, were to step down by the end of May, and that he was to be replaced by Francisco León de la Barra as interim president and hold presidential elections. Those who had suffered losses due to the revolution would be indemnified, and there would be a general amnesty.
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A trustee of who enters into transactions for the benefit of the beneficiaries of the trust is generally entitled to be indemnified out of the trust assets; this is secured by way of an equitable lien or first charge over the trust assets. This is a proprietary security interest. Trust creditors (that is, persons who have become creditors of the trustee qua trustee) may be entitled to be subrogated to the trustee's lien. This is a particularly precarious 'right' of trust creditors: a trustee may not have a right of indemnity (for example, because the trustee has committed a breach of trust in incurring the liability to the creditor in question) or it may be limited (for example, where the trustee has committed an unrelated breach of trust and the clear accounts rule operates).
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The Indemnity Act 61 of 1961 was a law enacted by the apartheid government in South Africa, which protected the government from any legal repercussions of the Sharpeville massacre and other violent events that followed. It prevented the courts from hearing any criminal charges or civil claims against the government, its leaders or its employees for actions taken between 21 March 1960 and 5 July 1961. The act indemnified the State President, the Cabinet, all members of the civil service, the defence force, the police force, the railways and harbours service, the prison service, and anyone else acting under their direction. It applied to any actions taken, orders given or information published "in good faith" between the specified dates to protect public order, essential services, life or property.
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In reality, it was much larger considering the victims in occupied Yugoslavia and beyond it, and especially in the so-called Independent State of Croatia. There was a possibility that Yugoslavia could receive 2,200 German marks per victim, which would total over 2 billion marks. This would be the implementation of the so- called French model, in accordance with what FR Germany already in the 1960s paid the victims of the other countries, especially Western countries (Israel and the Jewish victims were indemnified earlier). In the place of such direct remedies, as it was the case with the other countries, a credit of 1 billion with the obligation to pay back was received at the insistence of Germany and by means of the enforcement of the so-called Brioni Formula.
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The ship recommissioned briefly during the summer of 1858, but her next real active service came after yet another recommissioning on 17 September of that same year. She headed for the coast of South America as part of the Paraguay expedition under Flag Officer William B. Shubrick to exact an apology and an indemnity from Paraguay over the incident which had occurred in 1855. In January 1859, Water Witch and Fulton arrived in Asunción, the capital of Paraguay; and, backed by the warships, an American commissioner, James B. Bowlin, began negotiations with the Paraguayans. As a result of that expedition, Paraguay extended a satisfactory apology to the United States, indemnified the family of the slain Water Witch crewman, and granted the United States a new and highly advantageous commercial treaty.
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British Pipeline Agency Ltd (BPA) is a joint venture, established in 1969, between BP Oil UK and Shell UK. The company operates the UK oil pipeline network of oil pipelines which transport petroleum products around the UK. BPA replaced the pipeline operations group of Shell Mex & BP in the late 1960s and took over the role as the majority operator on the Government Pipeline and Storage System.Tim Whittle: Fuelling the Wars - PLUTO and the Secret Pipeline Network 1936 to 2015 published 2017 p116. They continued as the major operator of the GPSS under reimbursable and fully indemnified contracts until the 1990s when those contracts were ended and instead the GPSS was instead operated by a number of companies under competitively tendered term contracts. Tim Whittle: Fuelling the Wars - PLUTO and the Secret Pipeline Network 1936 to 2015 published 2017 p146.
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In its broadest sense, no-fault insurance is any type of insurance contract under which the insured party is indemnified by their own insurance company for losses, regardless of the source of the cause of loss. In this sense, it is no different from first-party coverage. The term "no-fault" is most commonly used in the context of state or provincial automobile insurance laws in the United States, Canada, and Australia, wherein a policyholder and their passengers are reimbursed by the policyholder's own insurance company without proof of fault, and are restricted in their right to seek recovery through the civil-justice system for losses caused by other parties. No-fault insurance has the goal of lowering premium costs by avoiding expensive litigation over the causes of the collision, while providing quick payments for injuries or loss of property.
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The act took the extraordinary step of reviving to Evans his expired patent and giving it another fourteen year term— Evans was delighted, but the move was to highly problematic, particularly regarding those who had implemented Evans's designs in the intervening three year period between the patent terms, as many millers had waited for Evans's patent to expire before upgrading their mills. Evans and his agents set about aggressively collecting royalties from those using his designs. Furthermore, Evans significantly raised the license fees for his use of his patented technology, raising claims of extortion from those being asked to pay, and a great many cases ended up in court. The 1808 act had indemnified those who had adopted Evans's technologies from 1805 to 1808, but did not specify whether this indemnity was perpetual (as defendants argued) or whether it was only for the three years in question (as Evans argued).
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Upon locating a son of Yuan Chang, Favier indicated that he compelled him to take full remuneration for the items sold. Favier concluded that he was held in such esteem as a result of his efforts that he had received numerous testimonials and addresses of thanks from grateful pagans, and that a great number of them had converted to Christianity, with 1,400 baptised and over four thousand enrolled to become Catholics. Favier concluded: > Now I have written exactly what happened. If any man does not wish to take > the word of an old man and a Bishop, who has lived for forty years in > Peking, I can obtain and send the affidavits of all those who have suffered > loss and been indemnified....We have never had the least trouble with the > good people of Peking, who know well that I am the friend of the pagan just > as well as of the Christian.
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After the death of Queen Maria I in March 1816, the reign of King John VI began, and it remained in Brazil until 1821, when political circumstances made him return to Lisbon with the Royal Family, except for his eldest son Prince Pedro de Alcântara of Braganza (future Emperor of Brazil), who came to proclaim the independence of Brazil in 1822. Here also remained the Royal Library. At that time it had grown a lot and, after Independence, in 1822, became property of the Empire of Brazil, because its purchase is included in the Additional Convention to the Treaty of Friendship and Alliance signed between Brazil and Portugal on 29 August 1825. For the goods left in Brazil the Royal Family was indemnified in two million pounds sterling, of that value, eight hundred contos de reis were destined to the payment of the Royal Library, which was then called the Imperial and Public Library of the Court.
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The corporate veil in the United Kingdom is a metaphorical reference used in UK company law for the concept that the rights and duties of a corporation are, as a general principle, the responsibility of that company alone. Just as a natural person cannot be held legally accountable for the conduct or obligations of another person, unless they have expressly or implicitly assumed responsibility, guaranteed or indemnified the other person, as a general principle shareholders, directors and employees cannot be bound by the rights and duties of a corporation. This concept has traditionally been likened to a "veil" of separation between the legal entity of a corporation and the real people who invest their money and labour into a company's operations. The corporate veil in the UK is, however, capable of being "lifted", so that the people who run the company are treated as being liable for its debts, or can benefit from its rights, in a very limited number of circumstances defined by the courts.
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Where any of the assets of the company are subject to a valid security interest (not being a floating charge), those claims will normally be enforced against the assets outside of (and in priority to) the liquidation process. The priority of unsecured claims to the assets of the company in a liquidation is regulated by section 556 of the Corporations Act.. The rules are very detailed, but broadly they provide that: # Properly incurred liquidation expenses are paid out first; followed by # If the Court so order, the costs of the winding-up application; # Any claims of an administrator to be indemnified; # Expenses properly incurred by any "relevant authority" (as defined); # Deferred expenses; # Wages, superannuation contributions and superannuation guarantee charges; # Claims for injury compensation; # Amounts due because of an industrial instrument; # Retrenchment payments payable to employees; and then # Ordinary unsecured creditors. All ordinary unsecured creditors ranks equally between themselves,. and within each rank of preferred creditors, the preferred creditors rank equally.. In the relevant provisions: "Deferred expenses" means, broadly, the fees and expenses properly incurred by a relevant authority.
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The appellant, Afrox Healthcare, was the owner of a private hospital. The respondent, Strydom, had been admitted to the hospital for surgery and post-operative medical treatment. On his admission, the parties concluded an agreement, of which it was a tacit term, according to Strydom, that Afrox's nursing staff would treat him in a professional manner and with reasonable care. The admission document, however, signed by Strydom during his admission to the hospital, contained an exemption clause, providing that he > absolved the hospital and/or its employees and/or agents from all liability > and indemnified them from any claim instituted by any person (including a > dependant of the patient) for damages or loss of whatever nature (including > consequential damages or special damages of any nature) flowing directly or > indirectly from any injury (including fatal injury) suffered by or damage > caused to the patient or any illness (including terminal illness) contracted > by the patient whatever the cause/causes are, except only with the exclusion > of intentional omission by the hospital, its employees or agents.
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In England, the Magna Carta 1215 clause 9 set out rules that people's land would not be seized if they had chattels or money to repay debts.Magna Carta 1215 cl 9, "Neither we nor our bailiffs shall seize any land or rent for any debt, so long as the chattels of the debtor are sufficient to repay the debt; nor shall the sureties of the debtor be distrained so long as the principal debtor is able to satisfy the debt; and if the principal debtor shall fail to pay the debt, having nothing wherewith to pay it, then the sureties shall answer for the debt; and let them have the lands and rents of the debtor, if they desire them, until they are indemnified for the debt which they have paid for him, unless the principal debtor can show proof that he is discharged thereof as against the said sureties" The Bankruptcy Act 1542 introduced the modern principle of pari passu (i.e. proportional) distribution of losses among creditors. However, the 1542 Act still reflected the ancient notion that people who could not pay their debts were criminals, and required debtors to be imprisoned.
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This problem is exacerbated by arbitrary pairing of strangers to dive as buddies by dive professionals who are not familiar with the competence of the divers beyond the certification they have produced when booking the dive. The dive professionals are usually indemnified by a waiver/release that the divers are required to sign as a condition of service, leaving the divers vulnerable to the consequences of being paired with an incompetent or negligent buddy, or buddies who have been trained in slightly different procedures, and may be unfamiliar with each other's equipment and intentions. The reaction to this problem includes the two extremes - The DIR philosophy of strict adherence to a standardised system of procedures and equipment, and not diving with anyone who does not use the same system, and the self-reliant route, where the diver elects to dive as if on their own, not relying on the buddy for assistance, and carrying sufficient equipment redundancy to manage reasonably foreseeable incidents unaided. These divers may choose to dive solo rather than be burdened by a buddy of unknown competence or known incompetence, but may be obstructed in this choice by legislation or terms and conditions of service.
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