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 a civil action for damages for 113
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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. Nominated Type 1 Major Works Contract Dispute means a Type 1 Major Works Contract Dispute notified by the Trustee to the Project Manager in accordance with clause 8.1(b).
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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).

  • 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.

  • The consent process will therefore have at least two stages Discussion of the risks is vital and evidence of this discussion will be requested in the defence of any Clinical Negligence claim.

  • 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.

  • The Greens’ Negligent Design & Installation Claims Regarding the Staircase Ritz-Craft’s second Negligence claim relates to alleged defects in the design and installation of the foyer staircase in the Model Home.

  • The Court granted [Sage Title=s] Motion with respect to the Negligence claim, but denied the Motion with respect to the Conversion claim.

  • Accordingly, even if this Court newly recognizes a duty as Walkowicz claims here, the Court should dismiss the Negligence claim.

  • As Wisconsin’s Right of Privacy statute already gives Walkowicz a means of recovery if she meets the standards set forth by the Legislature and the courts interpreting same, this Negligence claim is redundant, places an unreasonable burden on the alleged tortfeaser, and would remove any logical stopping place to a tortfeasor’s liability.

  • Negligence claim against DThe prima facie case for negligence includes duty, breach of that duty by falling below the requisite standard of care, causation (actual and proximate) and damages.

  • Accordingly, there are three remaining counts against Defendants Union Carbide and Georgia-Pacific: Mr. Rockman’s Strict Liability claim (Count One), Mr. Rockman’s Negligence claim (Count Three), and the Rockmans’ Loss of Consortium claim (Count Seven).

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.

  • 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 7.05(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:

  • 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 Defined in Section 11.1.

  • 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).

  • untrue statement means any untrue statement or alleged untrue statement, or any omission or alleged omission to state in the Registration Statement a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.