Common Law Liability Sample Clauses

Common Law Liability. 7.6‌ Buyers and sellers of contaminated property may be liable under common law principles for personal injuries and property damage caused by contamination. For example, common law claims by third parties relating to a failure to undertake due care obligations are not preempted by Part 201 (see MCL 324.20142) or CERCLA (see 42 USC 9652(d)) .. As with liability under Part 201, a seller’s potential liability under common law does not cease after completion of a sale, and a buyer of contaminated property is not immune from common law liability even when the buyer complies with the Section 20107a due care obligations. Id. Common law environmental liability is discussed generally in Chapter 13. Negligence and nuisance are typical common law claims that are available for parties injured by soil or groundwater contamination originating on another’s property. While liability under Part 201 is strict, liability under common law principles is either fault-based (i.e., negligence) or measured by the utility of the conduct causing the contamination (i.e., nuisance). An action for trespass is not available where property damage is caused by migrating soil or groundwater contamination since soil and groundwater contamination does not constitute a direct, physical invasion of property. Xxxxx v Cleveland-Cliffs Iron Co, 237 Mich App 51, 66-67; 602 NW2d 215 (1999). A buyer and seller of contaminated property can be subject to nuisance liability if the presence of the contamination presents a substantial harm caused by an unreasonable interference with another’s use and enjoyment of their property. Id. Whether interference is “unreasonable” is determined according to the public policy assessment of its overall value. Id. The viability of a common law claim is not necessarily dependent on the level of contaminants in the soil or groundwater. For example, it is possible for low levels of contaminants to migrate onto an adjoining parcel without the adjoining parcel becoming a “facility” under Part 201. The levels of contaminants, however, may be sufficient to allow the landowner to assert a common law claim for property damage. Depending on the degree of the perceived risks of common law liability involved, the parties to a purchase agreement may desire to shift the risks of incurring common law liability through the use of indemnification and hold harmless agreements. See §7.13. Part 201 expressly allows these types of agreements between private parties, but they do not allo...
Sample 1
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Common Law Liability. Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 943.) HISTORICAL AND REVISION NOTES 30103(a) ...... 15:1392(g). Sept. 9, 1966, Pub. L. 89–563, §§ 103(g), 105(a)(6), 116, 80 Stat. 720, 721, 727. 30103(b) ...... 15:1392(d). Sept. 9, 1966, Pub. L. 89–563, § 103(d), 80 Stat. 719; Oct. 15, 1982, Pub. L. 97–331, § 3, 96 Stat. 1619. 30103(c) ...... 15:1405. 30103(d) ...... 15:1394(a)(6). 15:1410a(e). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§ 124(e), 160; added Oct. 27, 1974, Pub. L. 93–492, §§ 102(a), 106, 88 Stat. 1477, 1481. 15:1420. 30103(e) ...... 15:1397(k). Sept. 9, 1966, Pub. L. 89–563, § 108(k), 80 Stat. 723; Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2818. In subsection (a), the words ‘‘or the Transportation of Explosives Act, as amended (18 U.S.C. 831–835)’’ are omitted as obsolete because 18:831–835 have been re- pealed. The word ‘‘prescribe’’ is substituted for ‘‘adopt’’ for consistency. The words ‘‘or continue in effect’’ and ‘‘In prescribing safety regulations’’ are omitted as sur- plus. The word ‘‘prescribed’’ is substituted for ‘‘issued’’ for consistency. The words ‘‘to comply’’ and ‘‘Federal’’ are omitted as surplus. The words ‘‘in effect’’ are added for clarity. In subsection (b)(1), the word ‘‘Federal’’ is omitted as surplus. The word ‘‘prescribe’’ is substituted for ‘‘either to establish, or to continue in effect’’ for consistency and to eliminate unnecessary words. The words ‘‘stand- ard prescribed under this chapter’’ are substituted for ‘‘Federal standard’’ for clarity. The words ‘‘However, the United States . . . may prescribe’’ are substituted for ‘‘Nothing in this section shall be construed to pre- vent the Federal . . . from establishing’’ for consist- ency. The words ‘‘of a State’’ are substituted for ‘‘thereof’’ for clarity. The word ‘‘standard’’ is sub- stituted for ‘‘safety requirement’’ for consistency. The words ‘‘performance requirement’’ are substituted for ‘‘standard of performance’’ to avoid using ‘‘standard’’ in 2 different ways. Subsection (b)(2) is substituted for 15:1392(d) (2d sen- tence) for consistency and to eliminate unnecessary words. In subsection (c), the words ‘‘be deemed to’’ and ‘‘of the United States’’ are omitted as surplus. In subsection (d), the words ‘‘United States’’ are sub- stituted for ‘‘Federal’’ in 15:1420 for consistency. The words ‘‘Consumer’’ in 15:1420...
Sample 1

Related to Common Law Liability

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority. (b) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract. (c) Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.

  • Advisor’s Liability The Advisor shall have responsibility for the accuracy and completeness (and liability for the lack thereof) of the statements in each Fund’s offering materials (including the prospectus, the statement of additional information, and advertising and sales materials), except for information supplied by the co-administrators or the Trust or another third party for inclusion therein. The Advisor will not be liable for any error of judgment or mistake of law or for any loss suffered by Advisor or by the Trust in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its duties under this Agreement.

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

  • Company's Liability The Consultant agrees to defend, indemnify, and hold the Company harmless from an against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in defense of the Company) which may in any way result pursuant to its gross negligence or willful misconduct or in any connection with any actions taken or statements made, on behalf of the Company, without the prior approval or authorization of the Company or which are otherwise in violation of applicable law.

  • Cross-Liability All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insureds clause.

  • Civil Liability If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by him in the performance of his duties, then:

  • Liability Limitation Subsequent to the issuance of a Certificate of Completion pursuant to this Agreement, Applicant shall be entitled to the Liability Limitation set forth at ECL § 27-1421, subject to the terms and conditions stated therein and to the provisions of 6 NYCRR §§ 375-1.9 and 375-3.9.

  • Limitations of contractual liability No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a willful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Project Contract, provided such damage was not caused by a willful act or gross negligence. The terms of the Partnership Agreement shall not be construed to amend or limit any Party’s statutory liability.

  • Liability Limitations This paragraph limits the liabilities arising under this Agreement or any SOW and is a bargained-for and material part of our business relationship with you. You acknowledge and agree that Verticomm would not enter into any SOW or this Agreement unless Verticomm could rely on the limitations described in this paragraph. In no event shall either party be liable for any indirect, special, exemplary, consequential, or punitive damages, such as lost revenue, loss of profits (except for fees due and owing to Verticomm), savings, or other indirect or contingent event-based economic loss arising out of or in connection with this Agreement, any SOW, or the Services, or for any loss or interruption of data, technology or services, or for any breach hereof or for any damages caused by any delay in furnishing Services under this Agreement or any SOW, even if a party has been advised of the possibility of such damages; however, reasonable attorneys’ fees awarded to a prevailing party (as described below), your indemnification obligations, and any amounts due and payable pursuant to the non-solicitation provision of this Agreement shall not be limited by the foregoing limitation. Except for the foregoing exceptions, a responsible party’s (“Responsible Party’s”) aggregate liability to the other party (“Aggrieved Party”) for damages from any and all claims or causes whatsoever, and regardless of the form of any such action(s), that arise from or relate to this Agreement (collectively, “Claims”), whether in contract, tort, indemnification, or negligence, shall be limited solely to the amount of the Aggrieved Party’s actual and direct damages, not to exceed the amount of fees paid by you (excluding hard costs for licenses, hardware, etc.) to Verticomm for the specific Service upon which the applicable claim(s) is/are based during the three (3) month period immediately prior to the date on which the cause of action accrued. The foregoing limitations shall not apply to the extent that the Claims are caused by a Responsible Party’s willful or intentional misconduct, or gross negligence. Similarly, a Responsible Party’s liability obligation shall be reduced to the extent that a Claim is caused by, or the result of, the Aggrieved Party’s willful or intentional misconduct, or gross negligence.

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