Stores not absolute insurers of safety, judges rule Jun 20, 2008
Instead, they said, businesses owe only "a duty to exercise reasonable care" to customers. What that means in a case like this, they said, is that a customer generally must prove the store had "constructive knowledge" of a spill. (AZCentral -- Business)
New CEO Stinson on Strategy Jun 19, 2008
For more information about Orbital, please visit or call Terry Stinson (+61 8) 9441 2462 For previous Open Briefings by Orbital, or to receive future Open Briefings by e-mail, please visit DISCLAIMERS: Corporate File Pty Ltd has taken reasonable care in publishing the information contained in this Open Briefing(R). It is information given in a summary form and does not purport to be complete. (PR Newswire)
New penalties how you can help your client. By Rebecca Benneyworth Jun 19, 2008
New penalties how you can help your client. By Rebecca Benneyworth - 19 Jun 2008. (Accounting Web, UK)
Zero penalties a thing of the future. By Rebecca Benneyworth Jun 14, 2008
Zero penalties a thing of the future. By Rebecca Benneyworth - 13 Jun 2008. (Accounting Web, UK)
New penalties: Take care now! By Rebecca Benneyworth Jun 8, 2008
"The benchmark is a person who goes to an apparently competent professional adviser and;gives the adviser a full and accurate set of facts checks the adviser's work or advice to the best of their ability and competence andadopts it.The person will then have taken reasonable care to avoid inaccuracies on the part of themselves and their agent.". What should the agent do to support the client in evidencing that reasonable care has been taken. (Accounting Web, UK)
ASE Test Scheme of Arrangement Becomes Effective Jun 2, 2008
The directors of ASE Inc. (including any director who may have delegated detailed supervision of this press release) have taken all reasonable care to ensure that the facts stated and opinions expressed in this press release (other than those relating to ASE Test) are fair or accurate and that no material facts have been omitted from this press release and they jointly and severally accept responsibility accordingly ... The directors of ASE Test (including any director who may have delegated... (PR Newswire)
Ex-stewardess awarded RM44,000 for injuries May 17, 2008
In its statement of defence, AirAsia denied her allegations, saying that it had exercised all reasonable care expected of an employer in providing transportation services for its personnel to its workplace. The defendant, which had brought in the bus company and Kurnia as third parties, said it had appointed a competent sub-contractor, Sze Tho, to facilitate the transportation using fit, adequate, proper and licensed vehicles. (The Star Online, Malaysia -- News)
County faces lawsuit over Coal Creek Road landslide May 17, 2008
and wrote on May 16, 2008 9:14 AM:" They hired an "Adjustor". I take that to mean an insurance adjustor. That was a mistake, because an adjustor generally has no clue about the external obsolesence "incurable" and how those forces play to the value of the home. It isnt just the cosmetic damage to the home. Seeing how this is being handled, I see the county paying these people. But it shouldnt stop there. Someone should held accountable for actions taking place above the home. Reasonable care was... (Longview Daily News, WA)
Superbug victims get green light to sue NHS May 15, 2008
This is a big step forward for them as well. If we win at the final hearing their cases could all go ahead. (Scotsman)
ASE Inc. and ASE Test Announce Anticipated Effective Date of Proposed 'Going Private' Acquisition of ASE Test by ASE Inc. May 9, 2008
TAIPEI, Taiwan, May 9 /Xinhua-PRNewswire-FirstCall/ -- Advanced Semiconductor Engineering, Inc. (NYSE: ASX, TAIEX: 2311, ''ASE Inc.'') and its majority-owned subsidiary ASE Test Limited (Nasdaq: ASTSF, TAIEX: 9101, "ASE Test'') today announced May 30, 2008 as the anticipated effective date of the proposed ''going private'' acquisition by ASE Inc. of the outstanding ordinary shares of ASE Test that ASE Inc. does not directly or indirectly own by way of a scheme of arrangement under Singapore law... (PR Newswire)
BHP Billiton Petroleum CSG Briefing May 7, 2008
Having taken all reasonable care to ensure that such is the case, the information contained in this presentation is, to the best of the knowledge and belief of the directors of BHP Billiton, in accordance with the facts and contains no omission likely to affect its import. Subject to the above, neither BHP Billiton nor any of its directors, officers, employees or advisers nor any other person makes any representation or warranty, express or implied, as to, and accordingly no reliance should be... (Sydney Morning Herald)
Watertown wont pay for damage done by Pleasant Street pothole May 2, 2008
If a person sustains bodily injury or damage in his property by reason of a defect or a want of repair or a want of a sufficient railing in or upon a way, and such injury or damage might have been prevented, or such defect or want of repair or want of railing might have been remedied by reasonable care and diligence on the part of the county, city, town or person by law obliged to repair the same, he may, if such county, city, town or person had or, by the exercise of proper care and diligence,... (Watertown TAB & Press, MA)
Eligibility penalty increases May 2, 2008
NCHSAA rules do not now punish teams that use ineligible players if the players falsified documents and the schools took "reasonable care" in verifying the information. The board did not change that, but instituted an educational program on eligibility issues for players, parents, coaches, athletic directors and other school officials. (News & Observer -- Sports)
Travel guide fraud? No, just Flawed Apr 20, 2008
Ultimately the market will decide whether, as it says in the Colombia guide, "the authors and Lonely Planet have taken all reasonable care in preparing this book". On that score, the publisher can relax: when I went to Daunt's travel bookshop in Marylebone, London, to buy my copy of Colombia, it was sold from a supply under the counter. (Independent)
Suit filed in Towson mall fatal robbery Apr 17, 2008
It is alleged in the eight-page lawsuit that "Defendants knew, or in the exercise of reasonable care should have known, that its premises and the area immediately surrounding its premises was a high crime area, that there had been numerous similar criminal acts and attacks perpetrated on the public in said areas, and that such criminal acts and attacks were reasonable and likely to be perpetrated on business invitees of the defendants unless defendants took steps to provide proper security for... (Towson Jeffersonian, MD)
Victorian Government must pay Tabcorp Apr 17, 2008
April 17, 2008 12:15am AEST. BACK in 1994, the Kennett government faced a problem with the privatisation of the Victorian TAB. It wanted to maximise the price it could obtain and it decided the best way to achieve that was an initial public offering of a new company, Tabcorp Holdings, that promised high profits and dividends. (The Australian)
U.S. air strike in Iraq wounds troops, civilians Apr 13, 2008
Critics say U.S. forces often fire on militants without taking reasonable care to find out who else is in the area. The U.S. military says militants often deliberately use civilians as shields against its forces. (AlertNet)
Working Together - Issue 30 Apr 6, 2008
I note that this says by taking reasonable care with their tax affairs, our customers won't be penalised even if a mistake is made. I suppose I am glad to see that there will be no penalties if there is no mistake, but the concept of reasonable care may be a difficult one in practice, especially as penalties are likely to be higher under the new scheme and most particularly because what is reasonable care will be different fir a tax barrister than from a plumber or a pensioner. (Accounting Web, UK)
HMRC guidance on the new tax penalty regime Apr 4, 2008
No penalties are applied if a person takes reasonable care but submits an incorrect return ... The concept of 'Reasonable care ... Only a penalty for failing to take reasonable care can be considered for suspension. (Accounting Web, UK)
State wants big picture of harm to its infants Mar 31, 2008
Putting the baby on a waterbed or couch is negligence -- even if the parents didn't mean for the child to be hurt, they didn't take reasonable care, Parrish said. A long-standing committee, the Alaska Maternal and Infant Mortality Review, already uses a variety of sources including medical records, death certificates, autopsy reports and police reports to figure out why babies die. (Anchorage Daily News)
Over the fault line Mar 27, 2008
If a jury decides Nesbitt was visibly intoxicated while at the C-View, it said, "then a duty or reasonable care for his safety arose, regardless of whether Nesbitt's intoxication resulted from the service of alcohol by the inn or from other causes.". The courts have long upheld what are called "dram shop laws," under which a tavern can be held responsible for selling alcohol to a person who later causes injury or death to him self or another person as a re sult of drinking too much. (NJ.com -- Times)
Budget 2008: HMRCs powers and deterrents Mar 15, 2008
Honest mistakes will go unpunished but there will be a penalty of up to 30% for failure to take reasonable care, 70% for a deliberate understatement, and 100% for a deliberate understatement with concealment ... For an unprompted disclosure of a failure to take reasonable care the penalty could be reduced to nil ... The normal assessment time limits by which the amount of tax due can be changed will (generally speaking) be reduced, severely so in most cases of failure to take reasonable care. (Accounting Web, UK)
CIOT drafts its Taxpayers Charter proposal Mar 6, 2008
To be accurate and take reasonable care. To notify us of relevant changes of circumstances. (Accounting Web, UK)
When Adventure Tourism Kills Mar 4, 2008
In the case of Groh, the question is whether the tour operator failed to use reasonable care when he took a group of tourists diving for sharks without using cages. "Is the thing that killed him something that you normally associate with shark watching?" Lidsky asks, "Or, is it something that could have been avoided had the company used reasonable care?". (Time.com)
Cobb eases watering restrictions Feb 27, 2008
Mobile detailing is permitted, but reasonable care should be taken to limit water use. The property owner who allows the detail company to use water is subject to the 90 percent water reduction requirement. (Atlanta Journal-Constitution -- Metro)
Law fair on directors: QC Feb 18, 2008
Directors who were honest and took reasonable care were "most unlikely to be found liable" by the courts. Mr Young, a former Federal Court judge, presented his review of the case law to the opening session of the commission's annual summer school in Melbourne. (Sydney Morning Herald -- Business)
Potholes: the ins and outs Feb 17, 2008
According to state law, cities and towns are liable only if they fail to show "reasonable care and diligence" in the course of fixing the pothole, a fairly nebulous legal term. "It's a gray area that depends on the crews you have and the budget," Dopazo said. (Boston Globe)
Real-estate investment trusts look good, especially after drubbing they took last year Feb 16, 2008
If the expenses are average or less and the returns are average or better, you're probably getting reasonable care. If the expenses are higher than average and the returns are lower than average, you need to think about changing advisers or becoming a self-directed investor. (Boston Globe)
Walker's slip-and-fall a lawyer's pick-me-up Feb 15, 2008
The key in any case is whether the defendant took "reasonable care" to reduce the risk. The factors that determine liability and awards are infinitely varied. (Globe and Mail -- National)
US admits killing Iraqi civilians Feb 4, 2008
Critics say US forces often call in air raids on targets, including buildings where opposition fighters are believed to be hiding, without taking reasonable care to find out who might be inside. The US military says that armed groups often deliberately use civilians as shields against attacking US forces. (Aljazeera.Net)
Open Briefing(R). OceanaGold. Progress on Expanding Production Jan 31, 2008
DISCLAIMER: Corporate File Pty Ltd has taken reasonable care in publishing the information contained in this Open Briefing(R). It is information given in a summary form and does not purport to be complete. (Canada Newswire)
Pay accident victims even if licence is forged Jan 22, 2008
To avoid liability, the insurer should prove that the insured was guilty of negligence and failed to exercise reasonable care in fulfilling the policy condition on use of vehicles by a duly licensed driver or one who was not disqualified to drive at the relevant time. In case of third-party risks, the insurer had to indemnify the amount and if so advised to recover the same from the insured, the Bench said. (Hindu)
Navy hospital malpractice suit is settled for $750,000 Jan 19, 2008
Her family's lawsuit accused the Navy of failing to properly evaluate or diagnose her condition, provide reasonable care or transfer her on time to a facility equipped to manage her medical condition. Jacksonville Naval Hospital's commanding officer, Capt. Raquel Bono, was on leave Friday and couldn't be reached for comment. (Florida Times-Union)
Floyd County attorney accused of having sex with client Jan 16, 2008
The woman says the firm, as Marzen s employer, had the duty to use reasonable care to hire, retain and supervise him. A firm spokeswoman said the firm will not comment. (Charles City Press, IO)
S.F. Zoo On Shaky Legal Ground Jan 14, 2008
His lawyer argued that McKinney shouldn't have to meet the usual test to prove the city was negligent - which would have meant showing that the zoo hadn't taken reasonable care to keep animals away from visitors. Instead, he argued that the keeper of a dangerous animal should be held strictly responsible for any harm it causes. (San Francisco Chronicle -- Crime)
Conman convinces bank staff he is the chairman of Barclays Jan 11, 2008
"All Barclays customers have a 100% fraud guarantee as long as they take reasonable care of their information," a spokesman said. The bank has now implemented stricter security checks for its senior executives. (BBC News -- Business)
DHS sued in connection with death of 10-month-old Jan 9, 2008
It accuses DHS of failing to use reasonable care in placing the infant with his mother and Boeckman. Eric was born with several illegal drugs in his system and state and tribal courts kept him from his mother for several months before returning him to her. (FOX23.com, OK)
Clarkson stung by fraud stunt Jan 8, 2008
Insurer had failed to take reasonable care of policyholders' details. . (Guardian Unlimited)
IBM Sued over Cancer Cluster Jan 4, 2008
" IBM , a sophisticated scientific business entity whose business involved, in part, use of and knowledge about organic chemicals, knew or, in the exercise of reasonable care, should have known that the volatile organic chemicals that had wrongfully discharged," the lawsuit states, "would remain volatile in the soil for substantial periods of time, exceeding decades, and would migrate, as vapors, into the homes, businesses, schools and churches located above the contaminated groundwater plume.".... (eWeek)
Brussels ruling on credit card fees could lead to fall in prices Dec 20, 2007
Insurer had failed to take reasonable care of policyholders' details. December 17 2007. (Guardian Unlimited)
City bans Christmas trees inside churches Dec 19, 2007
"We've had live trees in our sanctuary for years."We practice reasonable care," Finkelstein said. "They're part of our Christmas tradition. "Placing cut trees in places of assembly is a violation of the code developed by the National Fire Protection Agency and adopted by the state of New Hampshire, said Assistant Fire Chief Steve Achilles."A lot more fires occur this time of year, and it's our job to prevent any catastrophic fire in the city and particularly one during the holiday season,"... (Seacoast New Hampshire)
More of this story Dec 11, 2007
A physician owes a duty of reasonable care to everyone foreseeably put at risk by his failure to warn of the side effects of his treatment of a patient,'' he wrote. Greaney agreed that the case should not have been dismissed by summary judgment, but said the majority opinion represented a ``sweeping conclusion that physicians owe a legal duty of care to virtually everyone who may come in contact with one of his or her patients. (Patriot Ledger, MA)
Wrongful death lawsuit filed in circuit court ... Webb trial ends in a hung jury ... ';var marqueewidth="350px";var marqueeheight="25px";var marqueebgcolor="#FFFFFF";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}}Tuesday, December 11, 2007 Wrongful death lawsuit filed in circuit court Dec 11, 2007
Wheeler bases his suit of the premise that the defendants were "under a duty to exercise reasonable care" and that the defendants have "breached the standard of care" in Kimbrough's case and the staff failed to take "adequate" precautions to prevent the tube from "slipping.". He also alleges that "all defendants negligently assumed that the G-tube had fallen out of Ms. Kimbrough's abdomen. None of the defendants questioned the possibility that the previously placed tube had been pulled into Ms.... (Helena Daily World, AR)
Home safe, even when you're away Dec 5, 2007
Like the "unattended luggage" it will be up to you to show that you showed reasonable care when travelling. Don't be surprised if an injury sustained while running with the bulls in Pamplona is considered risky by an insurance assessor. (Sydney Morning Herald -- Business)
Aiming for eight in a row Dec 1, 2007
NCHSAA rules do not give penalties to teams that use ineligible players if records have been falsified and the schools took reasonable care. All rights reserved. (News & Observer -- Sports)
Lawsuit alleges Cardinals' negligent in posting scoreboard text Nov 10, 2007
The Cardinals owed a duty of reasonable care to all fans in attendance, including the teenager, and breached that by posting the defamatory message to anyone who could read, the lawsuit alleges. The teenager, humiliated and shamed by subsequent taunting from her schoolmates, stayed out of school the rest of the school year, took her exams privately, saw boys she once considered friends no longer associate with her, and became overly self-conscious, according to the lawsuit. (Jefferson City News Tribune, MO)
Cardinals sued for STD text message at ballpark Nov 9, 2007
The Cardinals "owed a duty of reasonable care to all fans in attendance," including the teenager, and breached that by posting the defamatory message "to anyone who could read," the lawsuit alleges. Copyright 2007 by The Associated Press. (ESPN -- Baseball)
Happy shoppers Oct 25, 2007
"This falls under the Supply of Goods and Services Act 1982 - the maker must take reasonable care and skill, so if this is not done you can claim a refund.". Shopping on an auction site. (Guardian Unlimited -- Money)
US air raid kills Iraqi civilians Oct 24, 2007
"They chose to go into a house with civilians to hide. They endangered folks on the ground by doing that. "We send condolences to the families of those victims and we regret any loss of life," she said. But police and residents of the village of Djila gave a different account. Differing accounts They said the group of men attacked by the helicopter were three farmers who had left their homes at 4.30am (01:30GMT) to irrigate their fields. Two were killed in the initial air attack and the survivor... (Aljazeera.Net)
Man sues council over dive into life of paralysis Oct 24, 2007
Mr Vujanic's injury was "caused by his own failure to exercise reasonable care for himself and/or his negligence". Speaking through an interpreter in a faint and quavering voice, Mr Vujanic said he had jumped twice, head first, into the pool without problems, but was injured on the third dive and did not know why his lawyers had told the court he had been injured on the first dive. (Sydney Morning Herald -- Australia)
Defrauded bank customers see red Oct 21, 2007
The Banking Code, which governs the way banks deal with their customers, states that if a consumer acts 'without reasonable care' and sustains losses, the consumer may be responsible for those losses. However, due to a legal anomaly, anyone who is overdrawn when they are defrauded will only ever be liable for 50 worth of the losses if they are found to be careless, because under those circumstances they would be covered by the Consumer Credit Act rather than the Banking Code. (Guardian Unlimited)
No Match’ Letters Get No’ From Judge Oct 19, 2007
Agri-View: Your Premier Agricultural News Source. Your premier agricultural newspaper to provide up-to-date Capitol news, compelling livestock topics, current dairy coverage, timely crop reports and management tools for today's operations. (Agri-View, WI)
Jury awards paraplegic Gonzales woman $32.4 million Oct 13, 2007
Jurors agreed that the preponderance of evidence showed that Michelin failed to use reasonable care to provide adequate warning. The jury also agreed evidence showed defendants Gonzales Tire and the wholesaler from which Gonzales Tire purchased the tires, Consolidated tire and Oil, were not negligent. (Gonzales Ascension Citizen, LA)
Judge pierces corporate veil’ - Stewart finds corporations responsible for door-to-door salespeople Oct 4, 2007
The decision will send a needed message to the owners of these businesses that they must exercise reasonable care in hiring and supervising their door-to-door salespeople. Barbara Lyon can be reached at. (Chippewa Falls Chippewa Herald, WI)
GW sued for negligence, malpractice Oct 4, 2007
The complaint states "(the plaintiff) has been violated twice: first by an assailant who likely drugged and assaulted her, and then, by the defendants which refused to take her seriously and which refused to provide her the reasonable care she was owed.". "This is not really a customary case," Spiva said. (GW Hatchet, Washington DC)
Gas Explosion In Kumasi: Any Lessons Learnt? Oct 2, 2007
It is sad to observe that reasonable care was not exercised in each of these circumstances. But do we need to be reminded too often of the disastrous consequences for our operational laxities. (Ghana Web, Ghana)
School Teacher Charged With Starting Lick Fire Sep 28, 2007
Pavese was charged with failing to exercise reasonable care in the disposal of flammable materials to prevent causing an uncontrolled fire. If convicted, she faces six months in jail and up to a $1,000 fine. (KSBW 8, CA)
Zoo New England officials found liable for 2003 gorilla attack Sep 27, 2007
At the beginning of the trial, Gibson attempted to prove to the jury that Zoo New England, the company that operates Franklin Park Zoo, was negligent in its duty to use "reasonable care to keep the animal confined" and that the keepers, the five zoo officials named in the suit, were liable for the harm the gorilla caused. After deliberating for more than six hours over two days, the jury concluded that the zoo was not negligent when Little Joe climbed out of his enclosure and attacked Scott. (Boston Globe)
Teacher Charged In Lick Fire Sep 27, 2007
Pavese was charged with a misdemeanor count of failing to take reasonable care in the disposal of flammable materials. She could face a maximum of six months in jail and a $1,000 fine as well as an order by a judge to pay some or all of the $13 million it cost to fight the fire, prosecutors said. (San Francisco Chronicle -- Crime)
DA Files Charges Related To Recent South Bay Wildfire Sep 27, 2007
Pavese will face one count of violating California Public Resources Code, which makes it a misdemeanor to fail to exercise reasonable care in the disposal of flammable materials so that the material does not cause the inception of spread of uncontrolled fire. SLIDESHOW. (NBC 11, CA)
San Juan Bautista teacher charged in state park fire Sep 27, 2007
Pavese was charged yesterday with one count of misdemeanor failure to exercise reasonable care in the disposal of flammable materials. Prosecutors say she wasn't charged with felony arson because she did not intend to start the wildfire. (KRNV.com, NV)
Jurors award $488 for couple's dead dog Sep 23, 2007
" The jurors were given three levels of responsibility for damages: fair market value for Coco, replacement value for the pet or "sentimental value," akin to a pain and suffering award. County Judge Charles Tinlin allowed Larizza to argue that the jurors could put a sentimental value on the dog's life. First, however, the jurors would have to find that Pet Paradise acted maliciously. They did not. The jurors also could have awarded a replacement value, estimated at $1,000 to $3,000 for a pug of... (The St. Augustine Record)
Sniffer dog left in car for five days Sep 18, 2007
Corrective Services officer Joshua Peterson appeared in Windsor Local Court charged with failing to exercise reasonable care and aggravated cruelty. The 41-year-old Woongarrah man pleaded not guilty. (Ninemsn)
Trucker Charged In Fatal Crash Has Commercial License Suspended Sep 14, 2007
A district attorney's official said misdemeanor vehicular manslaughter charges may be filed when there is "ordinary negligence" or the failure to use reasonable care to prevent reasonably foreseeable harm to oneself or another. Felony vehicle manslaughter may be brought in cases of "gross negligence," which involve more than ordinary carelessness, inattention or mistake in judgment. (NBC4.tv, CA)
Police officer faces manslaughter charge in shooting that killed boy Sep 11, 2007
Although this event was accidental, with reasonable care and caution, the death of a child could have been avoided. Rogers, 34, fired his. (Bartlesville Examiner-Enterprise, OK)
