Negligence claim definition

Negligence claim means a civil action for damages for injury, death, or loss to person or property to the extent that the damages are sought or recovered based on allegation or proof of negligence.
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Negligence claim means any Claim by the Trustee that the Project Manager has committed negligence in connection with this Agreement, other than a Gross Negligence Claim.
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Negligence claim means a civil action for damages for 113
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Examples of Negligence claim in a sentence

  • The Health Board is liable for the first £25k of any Personal Injury or Medical Negligence claim (not including Redress cases), with amounts over this being borne by the Welsh Risk Pool (WRP) managed by the NHS Wales Shared Services Partnership (NWSSP).

  • Furthermore, the Court dismisses the portion of Plaintiffs’ Negligence claim that alleges breach of the duty to timely notify.

  • Br. at 5.) The Court will address these arguments below individually.A. The Economic Loss Doctrine does not bar Plaintiff’s Negligence claim Defendants argue that Plaintiff’s negligence claim is barred by the economic loss doctrine because “[Plaintiff’s negligence claim] is nothing more than a contract claim “in tort claim clothing.” (Def.

  • Case was tried without jury and DC Judge awarded $3,000 to the Borrower on the Negligence claim (and debt was discharged in ch 7) Arkadelphia, AR There were a number of cases where payday lenders tried to avoid liability by forcing customers into arbitration.

  • Accordingly, Defendants’ Motion to Dismiss with respect to Plaintiff’s Negligence claim is hereby GRANTED.

  • Next, the Court dismissed the following claims:Count I: the Greens’ Breach of Contract claim;Count II: Flex Homes’ Breach of Implied Warranty of Workmanship claim;Count III: all Plaintiffs’ Breach of Implied Warranties of Merchantability and Fitness claims;Count IV: Flex Homes’ Negligence claim; andCount VI: any OCSPA claims that may have been asserted by Flex Homes.

  • Celebrity respectfully requests that this Court dismiss the Plaintiff’s Negligence claim to the extent that it seeks to expand Celebrity’s duties beyond the duties imposed by law.

  • Thus, ClearOne’s Contract Claims should not be dismissed for redundancy.The Contract Claims Do Not “Sound in Tort” and Are Not Redundant of the Professional Negligence Claim‌ RSM also argues that the Contract Claims sound in tort and should be dismissed because they are duplicative of ClearOne’s Professional Negligence claim regarding auditing, which also sounds in tort.64 RSM cites heavily from two cases to support this argument: Boyd v.

  • April 30, 2019) Division One – Judges Perkins (author), Winthrop, and Thompson (dissent in part and concur in part)  Negligence claim can be brought even if duty of care did not arise under HIPAA and allegations that Costco had failed to cancel an erectile dysfunction prescription despite multiple requests and opportunities to do so and an employee joked with Plaintiff’s ex- wife about the prescription were sufficient to withstand a Motion to Dismiss.

  • For example we issued proceedings in a Clinical Negligence claim which is straightforward and where liability was admitted during the Pre-Action Protocol period.


More Definitions of Negligence claim

Negligence claim means a civil action for damages for injury,
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Related to Negligence claim

  • Negligence means the failure to exercise "Reasonable Care".

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • Indemnified Claim has the meaning set forth in Section 8.2.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Cure Claim means a monetary Claim based upon the Debtors’ defaults under any Executory Contract or Unexpired Lease at the time such contract or lease is assumed by the Debtors pursuant to section 365 of the Bankruptcy Code.

  • Fraud means any offence under Laws creating offences in respect of fraudulent acts or at common law in respect of fraudulent acts in relation to the Contract or defrauding or attempting to defraud or conspiring to defraud the Crown.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code or the repudiation of such contract.

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Warranty Claim means a claim for breach of any of the Warranties.

  • Indemnified Claims shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.

  • Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.

  • Third Party Claim has the meaning set forth in Section 9.5(a).

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Wilful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.

  • Liability Claim has the meaning set forth in Section 7.2(a).

  • Rejection Claim means a Claim arising from the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:

  • Homelessness or "homeless" means a condition where an

  • Willful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.

  • Gross Negligence means any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross negligence shall not include any action taken in good faith for the safeguard of life or property.

  • Indemnified Amounts has the meaning assigned to that term in Section 8.01.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Convenience Claim means a Claim that would otherwise be an Other Unsecured Claim that is

  • Indemnified Matter has the meaning specified in Section 11.4 (Indemnities).

  • Indemnified Costs has the meaning specified in Section 8.05(a).