How To Use Cause of action In A Sentence
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This problem is typically ignored -- at least by the financial sector and the mainstream media -- so we did "illuminate" the problem and the cause of action borrowers could bring for "fraud in the inducement.
William K. Black: Let's Set the Record Straight on Bank of America: Open the Books!
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The title of the cause of actions in the 2004 claim has been changed to injurious falsehood and inducing breach of contract.
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The court held that there was a cause of action and thus generalised the existing action for enticement of a servant.
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The deal failed partly because of the actions of one of the principals, but also because of actions of those not party to the bargain.
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Moreover, dishonesty was not a necessary element in the cause of action of abuse of fiduciary position.
Times, Sunday Times
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If that is so, your Honour, what then moved the plaintiff was simply and solely what we have called the seeking of a remedy for an innominate cause of action for unfair disclosure.
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As a general rule of thumb, the longer the delay after the occurrence of the matters giving rise to the cause of action the more likely it is that the balance of prejudice will swing against disapplication.
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I though I read that the cause of action was for some form of loss of consortium - of the husband, that is.
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The cause of action against the police was malicious prosecution and wrongful imprisonment.
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As long as some measurable damage had been suffered the cause of action would accrue.
Times, Sunday Times
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The alternative joinder that plaintiff puts forward two kinds of cause of action concerning contract and tort is extensively excluded, however, substantive law cannot provide basis for it.
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It did not matter that neither party could enforce the unlawfulness by independent cause of action.
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Where the fraudster has perpetrated the fraud by drawing cheques on the customer's account, the victim's cause of action is usually for the conversion of the cheques involved.
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The defendant could not have demurred to the plaintiff's declaration, which would have shown a perfectly good cause of action, and, unless the defendant set up something to defeat the claim, the action would have been maintainable.
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As in any aspect of political morality, a host of practical considerations bear on a decision whether and how to act, even when there is an uncontroversially meritorious cause of action.
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The preliminary point to be decided by the judge was: when did the local authority's cause of action accrue?
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Clark told VOA that militancy in the oil - rich region is a legitimate cause of action.
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A cause of action has accrued when the right to sue has become vested.
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It is, of course, well established that loss is an essential ingredient of a claim in tort, so that a cause of action for tortious negligence does not arise until loss is suffered.
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As long as some measurable damage had been suffered the cause of action would accrue.
Times, Sunday Times
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You have footnoted the provision in the transitional clause of the schedule which shows that the cause of action remains, is that correct?
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Phillips J. held on a preliminary issue that the plaintiff had a cause of action.
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The cause of action is deemed to have subsisted before the death, allowing the claimant to sue the estate.
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And, if he fails to disclose the existence of such information, does the shareholder have a direct cause of action?
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If the bailor is damnified by the terms of the sub-bailment he has a cause of action against the head bailee.
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Cause of action has been held from the earliest time to mean every fact which is material to be proved to entitle the plaintiff to succeed - every fact which the defendant would have to traverse.
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In the present case the cause of action arises under statute and Mr. Thomas argues that different considerations apply.
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A person described in subdivision 4, clause (4), may maintain a cause of action against a person who violates or attempts to violate subdivision 1 or 2 for a civil penalty of up to $50,000 on behalf of the state.
The Volokh Conspiracy » Indictment for Chat Room Posts Urging Particular People to Commit Suicide
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In the present case, all damage caused by the negligent stowage is a single cause of action which is complete once any significant damage has occurred.
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The facts simply do not make out a tenable cause of action against this defendant.
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If your legal advice is that you have not got a cause of action, then you ought to listen to that advice.
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Every republication of a defamation is a new publication and gives rise to a separate cause of action.
Archive 2009-10-01
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No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
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Indeed, for the cause of action to arise only when the lender realises his security would be a highly unattractive proposition.
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_ Chambers, [385] the Supreme Court held specifically applicable in admiralty proceedings the law of Florida whereby a cause of action for personal injury due to another's negligence survives the death of the tort-feasor against his estate and against the vessel.
The Constitution of the United States of America: Analysis and Interpretation Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
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The pleading is put in issue by the denial of the alleged defamation, and if the matter set forth, with or without the alleged meaning, shows a cause of action, the pleading is sufficient.
Archive 2009-10-01
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His underlying common law cause of action arose on the date of his injury in December 1996.
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A company in liquidation could not assert any cause of action it could not have asserted before the commencement of its liquidation.
Times, Sunday Times
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A cause of action has accrued when the right to sue has become vested.
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There is therefore no basis for a cause of action of slander of title.
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Does not the wording of s 82 suggest rather that for a claim in unliquidated damages to be included in the general release of a bankrupt's debts, a contract or promise must constitute an essential element of the relevant cause of action?
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And, if he fails to disclose the existence of such information, does the shareholder have a direct cause of action?
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A cause of action has accrued when the right to sue has become vested.
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The plaintiff's cause of action will not accrue until damage occurs, which will commonly consist of cracks coming into existence as a result of the defect even though the cracks or the defect may be undiscovered or undiscoverable.
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That case was cited in Pirelli in support of the argument that, since in that case there was economic loss when the chimney was built, the cause of action arose then.
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The statute creates no private cause of action for natural resource damage.
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Lord Steyn concurred in the result, but on grounds of remoteness rather than of the non-existence of a cause of action.
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That section provides both for jurisdiction and for a federal cause of action arising by recognition of certain international common law torts.
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If I were wrong in my conclusion that on the principal claims Mr Shaker had no cause of action, the proceedings would still be barred on the basis that the damages were purely reflective of the company's loss.
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That is, in effect, a total bar on an existing cause of action.
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In cases of nonsuit, and also when no cause of action is found, judgment is rendered against the plantiff for the costs.
The Government Class Book Designed for the Instruction of Youth in the Principles of Constitutional Government and the Rights and Duties of Citizens.
