Use of the words &quot;losses&quot; and &quot;damages&quot; in an indemnity clause in a medical education course participation form I'm a pharmaceutical translator, and I'm proofreading a Russian-to-English translation of a form to be signed by a participant of a medical education course. The text includes the following sentence: Accordingly, I undertake to indemnify the Company, the local distributor , other companies of the Group, their consultants, agents and representatives for their damages, as well as to prevent occurrence of the latter due to any losses, liabilities, claims, injuries, lawsuits, costs and expenses (including sanctions) resulting from any violations of the Protocol, the norms of best medical and professional practice, as well as of any applicable laws and regulations in accordance with the foregoing. I looked up the legal meaning of damages: At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. In my original Russian text, it's clearly not this kind of &quot;damages&quot;. It is убытки - plural of убыток. Isn't it better to use lossess instead of damages, since in legal texts &quot;damages&quot; seems to differ in meaning from &quot;losses&quot;? Or maybe in this context the meaning is the same for both words? Original paragraph in Russian: Соответственно, я обязуюсь возместить компании, местной дистрибьюторской компании , иным компаниям Группы, их консультантам, агентам и представителям убытки, а также не допустить возникновения последних в результате любых потерь, ответственности, претензий, ущерба, исков, затрат и расходов (включая санкции), возникающих вследствие любых нарушений Протокола, положений передовой медицинской и профессиональной практики, а также любого применимого законодательства и норм регулирования согласно вышеизложенному.
I love Wikipedia to bits, but it's sometimes worth reading the &quot;talk&quot; pages as well as the article, and trying a few other sources. I think this one comes closer : Damages attempt to measure in financial terms the extent of harm a plaintiff has suffered because of a defendant's actions. In the paragraph you're translating, &quot;damages&quot; is used as a broad term : the text then goes on to mention &quot;losses, liabilities, claims, injuries, lawsuits, costs and expenses&quot; as specific forms of damages. &quot;Damages&quot; as highlighted in the translation is the word I would use, as it covers many different things with a financial effect on the plaintiff. &quot;Losses&quot; is more specific, and is already covered in the list that follows. Losses may be considered damages, but not all damages are losses.
Possibly I am Australian so I am not familiar with Albertan labour law but I have done a little research and the underlying common law principles are similar. I will assume that you are covered by Albertan law and not the Canada Labour Code. The next part of the answer is based on A Guide to Rights and Responsibilities in Alberta Workplaces. First, if you lost it they would need to ask you to pay for it, they could not deduct it from your pay without a garnishee order (p. 10). Second, if the device is safety equipment, and it is certainly arguable that it is, then it is the employee's responsibility to use it and the employer's responsibility to keep it in safe working order; this would include replacing it if it were lost (p. 12). The common law position depends on a) the contract and b) if any negligence were involved. Contract What does your current employment contract say about your use of the employer's equipment generally and this item in particular? If it says something then, unless it is an illegal term, that is what happens. If it is silent, then it turns on the particular circumstances. Also, a contract cannot be changed unilaterally, if they are trying to introduce a new term then you have to agree to it; remembering that there may be consequences to taking a stand against your employer, you should say that you do not agree - this removes the risk that the employer could argue that there was tacit agreement. Negligence In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant: had a duty to the plaintiff, as an employee this is virtually a given; breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person), this would depend on the circumstances of the loss or damage. You have to take reasonable care of the equipment - this is not a subjective standard, you need to do everything that a person in your position can do to protect the equipment from loss or damage; the negligent conduct was, in law, the cause of the harm to the plaintiff. This has to do with the "proximity" of the harm, if for example the device needed a battery change and you took it to a technician who damaged the item in changing the battery then your actions are not proximate to the loss; and the plaintiff was, in fact, harmed or damaged. Well, if it is lost or damaged this is pretty unarguable. So, if you take reasonable care of the device and, notwithstanding, it is lost or damaged then you would not be liable for negligence ... probably. Talk to your union rep; this is exactly the sort of stuff that they are there to sort out.
It has to be 'liquidated damages', since a penalty clause is unenforceable. It has to have a reasonable relation to the party's legitimate interest. The point is that it has to represent a good faith estimate of the actual damage.
You have read it: legally It doesn’t matter if you haven’t read it in fact. At law, you have. Therefore you cannot avoid obligations or consequences by saying “ I didn’t read it”. It’s an extension of the common law principle that if you affix your ‘mark’ to a document you were acknowledging that you understood it and would abide by it: even if your mark was an X because you were illiterate. There are protections. At common law an unconscionable term is unenforceable and may void the contract entirely. Additionally, many jurisdictions have passed legislation to make unfair contract terms unenforceable, particularly in contracts of adhesion. Further, consumer protection laws often have non-excludable warranties that operate in spite of the contract.
If the landlord gave you a key, and you can not give it back to him he has every right to charge you for correcting the oversight. I put to you that if you can't provide it back to him, he can't be certain that it has not fallen into the wrong hands, and he would be prudent to change the lock - and indeed, he may not even have another copy of the key in which case he really does not have a lot of alternatives. If you look at the section on "Claims for Damages or Loss" pdf there is a section B - Damage which confirms that Loss includes less tangible impacts including "loss of a service or facility provided under the tenancy agreement" Section C of the same document goes on to assert that "The purpose of compensation is to put the person who suffered the damage or loss in the same position as if the damage or loss had not occurred". There is arguably a question of the amount of loss suffered, and they can't sting you for punitive damages, but they can charge you a reasonable amount to get a new key cut (or possibly to replace the lock) - but that was not your question, and would probably arise if the amount he charges was unreasonable in the circumstance. Depending on if he has already taken action - and if not, how much the bill would be - promptly remedying the breach by finding and returning the key or equivalent action might save you some money.
What you are talking about here is the tort of negligent misstatement, a subset of the tort of negligence. First, there is no presumption in any jurisdiction that I am aware of that anyone is or is not a lawyer (or doctor, or engineer etc.). If people knew that you were, however, then it is reasonable that they would give your statements more weight then if they did not know. It may also be reasonable if they suspected you were. The practical purpose of such a disclaimer is to ensure that they know you aren't. For the specific facts you give, you would certainly be in a better position if you said: "But I'm not a lawyer, so you should seek professional advice"; not so much because you told them you weren't a lawyer but rather because this changes your advice to "seek professional advice". It's impossible to be wrong with that advice! The standard form in Australia is: "this advice is general in nature and not to be taken as personal professional advice". If the statement is limited to "I'm not a lawyer" or if your neighbour knew you were, for instance, a dog catcher with no professional qualifications, then you could still potentially be liable. Your neighbour would need to demonstrate: You had a duty of care; by giving advice you potentially do, however, a for negligent misstatement there must be a 'special relationship' [Hawkins V Clayton (1988) 164 CLR 539, MLC Assurance V Evatt]. You breached that duty; the advice given was "unreasonable". There was a factual cause in a "cause and effect" sense; 'but for' your advice there would have been no loss. There was a legal (proximate) cause; damage to the neighbour as a result of the advice must be foreseeable. Harm; the neighbour must suffer real loss. The main point of the disclaimers is on the 2nd point: what is "unreasonable" for a professional is different than for a "lay person". Oh, and by the way: this advice is general in nature and not to be taken as personal professional advice.
Written Contract If there was a written contract, the fact that it wasn't signed is not relevant. While a signature is evidence of agreement with the terms there are other ways that acceptance can be indicated: like you paying them $600. Wrong Information Where the error is fundamental to the performance - e.g. you needed shipment to Alaska and they were offering shipment to Alabama, the contract would be void ab initio. That is, it never happened and everyone needs to be returned to their original positions as far as possible. However, in general, an error by one or the other party in their understanding of what was agreed does not invalidate the contract. For example, if you told them it was a "small" dog because it was small for a Great Dane but under an objective classification, it is, in fact, a "large" dog the contract must be completed and either you or they wear the additional cost of doing so. Whether they are entitled to ask for additional payment "due to some wrong information" depends on who took the risk under the contract for its correctness? Barring a specific term, the risk usually lies with the party that provided the "wrong information" but some contract will assign the risk for one party's errors to the other party - subject to a requirement to act in good faith. If they are not entitled to additional payment, they have to perform the contract for the original fee. If they are entitled, then you have to pay a reasonable price increase - you are not generally entitled to cancel. All of this turns on the specific terms of the contract and the exact nature of the "wrong information". Consumer Protection Law CPL in your state or their state or both will almost certainly have something to say about this beyond common law rules of contract.
Different courts have different practices, but I believe the general practice is for plaintiffs to use exhibit numbers, and for defendants to use exhibit letters. As with most procedural questions, the final decision belongs to the judge. The repetition in letters comes in when you get to the end of the alphabet. After you've used A-Z, you go to AA, BB, CC ... ZZ, then AAA, BBB, CCC, and so on.