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where and negligence
This rule does not usually apply to intentional torts ( for example, deceit ), and also has stunted applicability to the quantum in negligence where the maxim Intended consequences are never too remote applies ' never ' is inaccurate here but resorts to unforeseeable direct and natural consequences of an act.
In cases where an engineer's work fails he or she may be subject to the tort of negligence and, in extreme cases, the charge of criminal negligence.
Similarly, judges might assume in default of express evidence to the contrary that the place where the cause of action arose would provide certain basic protections, e. g. that the foreign court would provide a remedy to someone who was injured due to the negligence of another.
Res ipsa loquitur comes into play where an accident of unknown cause is one that would not normally happen without negligence on the part of the defendant in control of the object or activity which injured the plaintiff or damaged his property.
However, tort law also recognizes intentional torts, where a person has intentionally acted in a way that harms another, and " strict liability " or quasi-tort, which allows recovery under certain circumstances without the need to demonstrate negligence.
:( b ) objective, where the requisite mens rea element is imputed to the accused, on the basis that a reasonable person would have had the mental element in the same circumstances ( for negligence ); or
:: The rule in this state continues to be that professional bailees may not limit their liability for negligence ; in every instance where a disclaimer of liability has been invalidated, a professional bailee was involved.
Koch was charged with criminal negligence and transferred to Berlin, where he worked at the SS Personalhauptamt and as a liaison between the SS and the German Post-Office.
Because of his half-brother's suicide, Teucer stood trial before his father, where he was found guilty of negligence for not bringing his dead half-brother's body or his arms back with him.
The grayer areas are ones where incompetence is currently stretching past annoyance toward negligence.
# Fault-save in limited cases where liability is ' strict ' ( i. e. where neither intention nor negligence is required for liability ) once the wrongfulness of the conduct is established, it is necessary to establish whether the person being sued acted intentionally or negligently, either of which is sufficient for liability to attach.
" t common law, every unauthorized entry upon the soil of another was a trespasser ", however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.
Although the representation must be clear and unambiguous, a representation can be inferred from silence where there is a duty to speak or from negligence where a duty of care has arisen.
Those who ( intentionally or by negligence ) passes a toll booth without an operating toll device ( or paying manually where possible ) are subject to a fine.
The man on the Clapham omnibus is a hypothetical reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted in the way that a reasonable person should-for example, in a civil action for negligence.
Under the dictatorship of Ion Antonescu, Jews were rounded up and deported to Transnistria, where most of them perished – mass murdered through various means, including shootings and criminal negligence ( see Holocaust in Romania ).
Journalist and lawyer, he defended Jean Mons, Secretary-General of the Defense Committee, from charges of negligence in a case where Mons's assistant was accused of passing secrets of national security to communists.
From Montpellier, in his friend Riban's house, where he had gone in year III, Augustin wrote to his son " This good captive embraces you, unlike the sister whose negligence is not worth this mark of your friendship.
Force majeure is generally intended to include risks beyond the reasonable control of a party, incurred not as a product or result of the negligence or malfeasance of a party, which have a materially adverse effect on the ability of such party to perform its obligations, as where non-performance is caused by the usual and natural consequences of external forces ( for example, predicted rain stops an outdoor event ), or where the intervening circumstances are specifically contemplated.
But criminal negligence is a ' misfeasance or ' nonfeasance ' ( see omission ), where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest.
For example, where ten percent of a certain industry does a certain thing, it probably will not be considered a custom for purposes of breach in negligence.

where and is
But California is where we're goin ''.
He thought of the jungles below him, and of the wild, strange, untracked beauty there and he promised himself that someday he would return, on foot perhaps, to hunt in this last corner of the world where man is sometimes himself the hunted, and animals the lords.
Now I wish to enter the American market, where the competition is very strong.
from downstream, where the water level is much lower, it is a high, elaborately facaded pavilion.
The answers derived by these means may determine not only the temporal organization of the dance but also its spatial design, special slips designating the location on the stage where the movement is to be performed.
Even in domains where detailed and predictive understanding is still lacking, but where some explanations are possible, as with lightning and weather and earthquakes, the appropriate kind of human action has been more adequately indicated.
Robert Penn Warren puts it this way in `` Brother To Dragons '': `` The recognition of complicity is the beginning of innocence '', where innocence, I think, means about the same thing as redemption.
A dominant motive is the poet's longing for his homeland and its boyhood associations: `` Not men-folk, but the fields where I would stray, The stones where as a child I used to play ''.
In a society where everything is for sale, Marlowe is the only man who cannot be bought.
This is done for simplicity of commands and to bring the hidden redundancy up to where misunderstanding has almost zero possibility.
As to benefits to employees, it is notorious for its callous disregard except where it depends on them for services.
`` The Moral Creed '' and `` The Will To Risk '' live happily together, if we do not examine where the line is to be drawn.
Since the slogans have little application to reality and are sanctimonious to boot, the applause is faint even in areas of the world where we should expect to find the greatest affection for free government.
Ptolemy's problem is to forecast where, against the inverted bowl of night, some particular light will be found at future times.
She was exposing herself to temptation which it is best to avoid where it can consistently be done.
Such performance is a great tribute to American scientists and engineers, who in the past five years have had to telescope time and technology to develop these long-range ballistic missiles, where America had none before.
but it is perennially restructured in situations where anchors are dragged or lost.
`` History has this in common with every other science: that the historian is not allowed to claim any single piece of knowledge, except where he can justify his claim by exhibiting to himself in the first place, and secondly to any one else who is both able and willing to follow his demonstration, the grounds upon which it is based.
Finally we may note that the idea appears in educational theory where its influence is at present widespread.

where and involved
By this standard, it is determined that where two stations operating on the same frequency are involved, objectionable interference from station A exists at any point within the service area of station B where station A's signal is of an intensity one-twentieth or more of the strength of station B's signal at that point.
Thus far, the cases which have come before the courts have involved only the issue of referral where the job is vacant due to a strike -- condition ( 1 ) in the Regulation of the Secretary.
The pattern here pictured is clearly not peculiar to Notre Dame: it is simply that the paradox involved in this kind of control of the institution by `` the organization which actually owns '' it, becomes more obvious where there is a larger and more distinguished `` outside '' faculty.
Import quotas aren't ruled out where the national interest is involved.
Although in many frog species, females are larger than males, this is not the case in most species where males are actively involved in territorial defence.
He was born into the aristocratic governing class of Mytilene, the main city of Lesbos, where he was involved in political disputes and feuds.
During the lifetime of Muhammad, he was involved in several campaigns such as the Battle of Uhud, the Battle of the Trench, the Invasion of Banu Qurayza, Battle of Khaybar, the Conquest of Mecca, the Battle of Hunayn, the Siege of Ta ' if, and the Battle of Tabuk where he was reported to have given all of his wealth for the preparation of this expedition.
" The Chicago Daily Tribune called it “ One of the most spectacular crimes of the 20th century, and what is believed to be the first airplane kidnap murder on record .” Because it occurred somewhere over three Missouri counties, and involved interstate transport of a stolen airplane, it raised questions in legal circles about where, by whom, and even whether he could be prosecuted.
He studied engineering at Kabul University in the 1970s, where he became involved with Muslim anti-communist movements around Burhanuddin Rabbani.
Due to the costs involved in owning, operating and driving buses and coaches, many bus and coach uses a private hire of vehicles from charter bus companies, either for a day or two, or a longer contract basis, where the charter company provides the vehicles and qualified drivers.
Bioinformatics is very much involved in making sense of protein microarray and HT MS data ; the former approach faces similar problems as with microarrays targeted at mRNA, the latter involves the problem of matching large amounts of mass data against predicted masses from protein sequence databases, and the complicated statistical analysis of samples where multiple, but incomplete peptides from each protein are detected.
During a major news event one or more of the main news presenters may be sent to present live for the channel from the scene of the story, where they will conduct interviews with the people involved, question correspondents, introduce related reports and also give general information on the story, much as a reporter sent to cover a story would.
This allowed for awards where U. S. service members might be involved in an armed conflict where the United States was not a belligerent.
He did not answer questions about where he had been staying because he said it would compromise the safety of the individuals involved.
Others, such as Aleksandar Stipčević, aruge that that the process of romanization was rather selective and involved mostly urban centers but not the countryside, where previous Illyrian socio-political structures weere adapted to Roman administration and political structure only in some necessities.
* The place of articulation is where in the vocal tract the obstruction of the consonant occurs, and which speech organs are involved.
All the earliest English criminal trials involved wholly extraordinary and arbitrary courts without any settled law to apply, whereas the civil ( delictual ) law operated in a highly developed and consistent manner ( except where a King wanted to raise money by selling a new form of writ ).
( Compare the United Nations Security Council, in which the veto power of the permanent members ensures that the organization does not become involved in crises where it could not enforce its decisions.
While retaining his professorship at Duke after the beginning of World War II, Linebarger began serving as a second lieutenant of the United States Army, where he was involved in the creation of the Office of War Information and the Operation Planning and Intelligence Board.
After moving back to Minnesota, Hall went to Washburn High School in Minneapolis where she was involved in many activities.
There was bad faith and good, honesty and dishonesty, courage and cowardice, selflessness and opportunism, wisdom and stupidity, good and bad on both sides ; and almost every individual involved, no matter where he stood, combined some or all of these antithetical qualities in his own person, in his own acts.
The charges against three of the original defendants, Ruth Schwartz ( owner of Mordam Records ), Steve Boudreau ( a distributor involved in supplying Frankenchrist to the Los Angeles Wherehouse store ), and Salvatore Alberti ( owner of the factory where the record was pressed ), were dismissed for lack of evidence.
He spends the night holding vigil over his armor, where he becomes involved in a fight with muleteers who try to remove his armor from the horse trough so that they can water their mules.

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