Sentences with phrase «actual damages you have suffered»

Not exact matches

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

Koch Media may also disclose personal data to law enforcement, or the appropriate civil authorities to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, reputation, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, fraud protection and / or comply with a judicial proceeding, court order, or legal process served on Koch Media.

[T] hey can change their pattern of energy production and usage in order to limit emissions of greenhouse gases and hence the magnitude of climate changes; they can wait for changes to occur and accept the losses, damage and suffering that arise; they can adapt to actual and expected changes as much as possible; or they can seek as yet unproven «geoengineering» solutions to counteract some of the climate changes that would otherwise occur.

Since the offeror has not suffered any actual damage by you repudiating the contract, there would be no point in him suing you.

Perhaps you have previously been in a car automobile accident and therefore are searching for a dligent Dekalb County personal injury lawyer who may let you to know your responsibilities together with legal rights, or perhaps you have suffered with the wrongful death of a loved one or maybe a serious injury that was caused because of the negligence of some other you might be searching for a good Dekalb County car accident lawyer that can fully handle your case and also enable you to recover the actual damages that is deservingly owed, if this sounds like someone like you, and you are looking to find wrongful death attorneys and / or Dekalb County personal injury lawyers then take a look no more than our experienced attorneys here at Zeribe Law Offices.

[13] At para. 57 in Honda v. Keays, the Supreme Court of Canada confirmed the general damages allocated in wrongful dismissal actions are confined to the loss suffered as a result of the employer's failure to provide notice and that no damages are available to the employee for the actual loss of his or her job and / or the pain and distress that may have been suffered as a consequence of having been terminated.

The defendant employer appealed the award of aggravated damages given by the deputy judge, arguing that she erred in law when she awarded aggravated damages when there was no finding by the deputy judge that the employer had conducted itself in a manner that was unfair or in bad faith when it terminated Mr. Walker such as to justify an award of aggravated damages; and furthermore, there was no evidence, in any form, to show that the Respondent suffered any actual damages as a result of his termination.

In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a result.

While we acknowledge that the possibility of what might have happened can be extremely distressing and discomforting, you can only file a lawsuit in the event that you have suffered actual damages.

At $ 80,000 per track, it represents a ratio of 80,000 to 1 of punitive damages to the actual damages suffered, assuming each song could have been legally purchased for $ 1.00.

It noted that a trial judge's discretion is not unlimited, that there was no authority for awarding damages under the CSPA to class plaintiffs who had suffered no injury, and that the lower courts ignored the clear distinction in the CSPA between the kinds of damages available in an individual action and the actual damages available in a class action.

The cruise line is not «liable to the passenger for damages for emotional distress, mental suffering / anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury.»

The actual damages that you will be awarded will depend on the injuries you have suffered.

(2) If an organization has been convicted of an offence under this Act and the conviction has become final as a result of there being no further right of appeal, a person affected by the conduct that gave rise to the offence has a cause of action against the organization convicted of the offence for damages for actual harm that the person has suffered as a result of the conduct.

The private right of action would have allowed recipients of CEMs sent in violation of CASL to seek a court judgement for an amount equal to the actual loss or damage suffered or expenses incurred, alongside administrative penalties of up to CAN 200 (approx.

57 (1) If the commissioner has made an order under this Act against an organization and the order has become final as a result of there being no further right of appeal, an individual affected by the order has a cause of action against the organization for damages for actual harm that the individual has suffered as a result of the breach by the organization of obligations under this Act.

To establish a private action claim under section 36 of the Act, a private plaintiff must show that a defendant contravened one of the criminal provisions of the Act (e.g., establish all of the elements of a criminal price - fixing conspiracy, criminal misleading advertising, etc.) or breached a Tribunal or court order under the Act and has suffered actual damage or loss as a result of the conduct.

Second, it has been argued that the statutory damage itself is unconstitutional, at least as applied to downloaders, because it is completely divorced from any actual harm suffered by the record labels.

On this basis it was said that, pursuant to Sephton, this contingent liability was to be disregarded in assessing when actual damage had been suffered.

The crucial question was when actual damage sufficient to trigger the running of time in tort had been suffered by NIG.

By his decision in AXA Insurance Limited v Akther & Darby Solicitors & Ors [2009] EWHC 635 (Comm), [2009] All ER (D) 285 (Mar), Mr Justice Flaux has reduced some of the uncertainties caused by Law Society v Sephton [2006] 2 AC 543 as to when actual damage is suffered in tort.

There was nothing in Sephton, when properly analysed, that led to the conclusion that the date upon which NIG suffered actual damage as a consequence of vetting breaches was suspended until a scheme claim had actually failed.

(ii) Where it was the defendant's duty to bring about a transaction having particular characteristics or features but due to his negligence, the claimant entered a different transaction lacking one or more of those features, actual damage may be suffered on inception of the transaction.

It demonstrates that merely because a claimant's loss consists of a contingent liability that he would not have been exposed to had he been properly advised, does not mean that actual damage can only be suffered when the contingency occurs.

In particular Flaux J held that while the analysis of cases into categories might be helpful in identifying a strand of authority that was most relevant, there were «any number of cases [that emphasised] that whether or not actual damage has been suffered is, in each case, a fact specific question, an approach which by definition militates against analysis of the cases into... rigid categories».

Similarly, C's disbelief or D's belief may be relevant to determining the actual damages B suffered and is therefore entitled to recover from A.

If the applicant claims they have suffered an actual loss or damage, or have incurred expenses, as a result of the alleged contravention or reviewable conduct, the affidavit must also state the nature and amount of the loss, damage or expenses.

- Private parties must be able to claim damages for losses suffered as a result of breach of the EU competition rules (see Courage Ltd v Crehan: C - 453 / 99 [2001] ECR I - 6297, [2001] All ER (EC) 886), and this must include a right to claim both for actual loss and loss of profit (see Manfredi v Lloyd Adriatico Assicurazioni SpA, Cannito v Fondiaria Sai SpA, Tricarico and Murgolo v Assitalia SpA: C - 296 / 04 [2007] All ER (EC) 27).

The Hamon Law requires that consumers prove that they've suffered actual damage to their economic interests, which means older iPhone owners will have to demonstrate that a slower smartphone was more than just an idle annoyance.

In Robins» case, he had not yet suffered actual damages when he submitted the lawsuit, but he argued that the FCRA, as passed by Congress, gave him the right to sue Spokeo because it reported erroneous information about him even absent of any actual harm.

Career Tips To Go, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, inconsequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Career Tips To Go has been advised of the possibility of such damages.

The appeals court reversed the decision, concluding that the sellers weren't entitled to keep the deposit because they hadn't suffered any actual damages.