CHAPTER 1: SHOULD EXEMPLARY DAMAGES BE AVAILABLE AND IF SO, WHEN?
The severity of charges and penalties are determined by various circumstances surrounding the crime. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result. Anyone can earn credit-by-exam regardless of age or education level. Rebut - To introduce evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. The touchstone of every system of laws, of the culture and civilization of every country, is how far it dignifies man.
CHAPTER 2: REGULATING EXEMPLARY DAMAGES
However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith.
The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.
The notice in writing need not be given if the state of the goods has, at the time of their receipt, been the subject of joint survey or inspection. Subject to paragraph 6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered.
This period, may however, be extended if the parties so agree after the cause of action has arisen. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.
An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.
Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connection with, goods arising from negligence, fault, or failure in the duties and obligations provided in this article or lessening such liability otherwise than as provided in these Rules, shall be null and void and of no effect.
A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III.
Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from: The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.
Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom. The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.
Except as aforesaid such article of transport shall be considered the package or unit. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place, or destroyed or rendered innocuous by the carrier without compensation and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment.
If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any. Article IV bis 1.
The defences and limits of liability provided for in these Rules shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort. If such an action is brought against a servant or agent of the carrier such servant or agent not being an independent contractor , such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules.
The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in these Rules. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.
Article V A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under these Rules, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper. The provisions of these Rules shall not be applicable to charter parties, but if bills of lading are issued in the case of a ship under a charterparty they shall comply with the terms of these Rules.
Nothing in these Rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average. Article VI Notwithstanding the provisions of the preceding articles, a carrier, master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.
There were several aggressive incidents during the game between them. Changizi refused to shake hands after it. An organizer, sensing trouble, told both players to leave the park immediately. Nakhjavani complied and walked to the rear of the bleachers, to gather and pack his personal effects.
Changizi swiftly ran up the bleachers, jumped off and, while in midair, fly-kicked the right side of Mr. His jaw was dislocated and needed to be wired shut.
An orbital fracture needed to be repaired. Changizi was charged with aggravated assault and he received a paltry conditional sentence , a term of six months to be served in the community - no prison!
In the civil trial, Mr. Justice Pierre Gagnon of the Superior Court of Quebec noted the criminal conviction and could find no provocation justifying the kick. Teddy Tootoosis was at the Vibe Nightclub in Saskatoon owned by defendant corporation, when he was assaulted by club employees. The events were reconstructed from witnesses. The plaintiff was denying the allegations. As they were walking out, the bartender jumped over the bar and began to assault them.
The bartender was immediately joined by the rest of the individuals, some 14 in number who jumped on top of the plaintiff and his friend and began to hit and kick them. The plaintiff was dragged outside the club. He was unconscious and unresponsive. It was later determined that as a result of the assaults, he suffered a concussion, multiple bruises, cuts to his head and chin, a broken jaw and broken teeth Rivard's ex-boyfriend, Patrick Hubert showed up inebriated and started berating and swearing at her.
Barrette pleaded with Hubert to leave the woman alone and with that, and with no warning, Hubert punched Barrette in the face, breaking his nose in several places. Best reached in and ripped Leighton's helmet off, and landed the only punch which fractured Leighton's jaw. Leighton's jaw was fractured in three places. His mouth was wired shut and he lost 25 pounds. He lost three teeth and thrice had corrective dental surgery. The implied consent was to jostle, wrestle and maybe land a few harmless punches over protective gear.
Réjean Chiasson was with a group of acquaintances at a cottage in the wee hours of the morning of May 30, , winding down a night of pub-hopping near Tracadie-Sheila in New Brunswick.