However, as all three Willerton, Prince and Ford judicial decisions demonstrate, the courts are reluctant to disqualify democratically elected councillors who have been guilty of minor lapses of judgment and inadvertence
where the financial stakes are nominal.
The essence of this provision is that, for Article 139 to apply, the court must have, through its own mistake or inadvertence
, completely omitted to determine a request for substantive relief so as to cause the request to remain undecided (by an explicit or implicit ruling) and pending before the court.
1988) (agency has inherent authority to correct "clerical errors and errors arising from mistake or inadvertence
in its own orders"); see also Millinger v.
If one cannot morally condemn a person's inadvertence
to a risk, however--even in circumstances in which that inadvertence
strikes us all as outrageous--then negligence liability inevitably fails to achieve corrective justice.
For courts struggling over the inadvertence
issue, see notes
Non-willful conduct is defined as conduct that is due to negligence, inadvertence
, or mistake or conduct that is the result of a good faith misunderstanding of the requirement of the law.
She said last August that the sole allegation was that "through inadvertence
or inattention I may have failed to intervene to block the arbitration".
specifications was that by inadvertence
some pipe was placed in the
The second exception is for inadvertence
, which requires the partnership to, in effect, undo the transaction.
For example, once a secret becomes public, protection is lost, irrespective of whether the disclosure of the information was by accident, inadvertence
, or intentional.
Gardner said Oregon courts have ruled that "mere inadvertence
, brief inattention or errors in judgment" are not sufficient reasons to charge a person with criminal homicide.
The key amendment which impacts policyholders adversely is the one which seeks to do away with the differentiation between inaccurate statements and concealment done due to inadvertence
or lack of awareness and those which are made deliberately with intent to deceive.