Sentences with phrase «alleged breach of»

In a case previously summarized in The Letter of the Law, Oregon's highest court has considered whether a buyer could collect emotional distress damages from a real estate broker for broker's alleged breach of his fiduciary duty to his clients.

The agent alleged breach of contract and filed suit to claim the commissions.

In Century 21 J. E. M. Realty v. Bona Vista Farm, the Alberta Court of Appeal addressed an alleged breach of fiduciary duty by a broker who sought to put pressure on a seller / principal by finding alternative and cheaper land to offer a buyer.

The one - count complaint alleged breach of fiduciary duty...

The Justice concluded: «It seems clear to me that the plaintiffs have properly alleged a breach of contract on the part of the defendants.»

Real estate transactions can be traumatic, but Oregon's highest court has ruled that a buyer can't collect damages for emotional distress from a real estate broker for an alleged breach of fiduciary duty.

The court found that the Fords had adequately alleged a breach of fiduciary duty by the Salesperson.

Note: Sections 15, 41B and 50A of the Public Service Act 1999 make provision for dealing with an alleged breach of the Code of Conduct (within the meaning of that Act) by an APS employee or a former APS employee.

5.1 The Board of Directors shall from time to time make regulations concerning the method by which any question of alleged breach of Professional Conduct by a member or associated action is to be brought before the Association.

PTUK can not deal with complaints against individuals or organisations who were not members of PTUK at the time of the alleged breach of professional conduct.

Plaintiffs in the case are seeking damages from an alleged breach of contract for «return of principal, interest, attorneys» fees and other foreseeable damages from the total loss of this investment.»

Despite a raging debate in India's political circle over the alleged breach of user data by Facebook, the country's election - conducting body — the Election Commission of India (ECI), has clarified that it is not going to replace Facebook as its social media partner.

The data mining and analysis firm has come under the scanner for alleged breach of Facebook user data.

The Ministry of Electronics & Information Technology (MEITy) has sent a notice to data mining and analysis firm Cambridge Analytica, which is at the heart of the case involving alleged breach of Facebook user data, seeking information about its clients in India and whether it had harvested their user profiles.

Represented alleged guarantors in a multimillion - dollar action for alleged breach of guaranty agreement.

While allowing the vicarious liability claim to proceed, the Court held that the plaintiff could not found a claim on an alleged breach of the safeguarding provision in British Columbia's public sector privacy act.

There could accordingly have been no impediment to the claimant suing in negligence for the alleged breach of duty by her professional advisers once such breach had caused loss in the form of her imprisonment.

«Even if there was an undertaking to protect the plaintiff's account there would be no fees payable to the plaintiff, and therefore no damages have resulted from the alleged breach of the undertaking,» Baltman said.

In 321665 Alberta Ltd. (Kolt) v. Husky Oil Operations Ltd., the Court of Appeal dismissed the civil claim that arose from an alleged breach of the pre-2010 s. 45 of the Competition Act, which required proof that competition was prevented «unduly.»

In R (on the application of the Campaign for Nuclear Disarmament) v Prime Minister [2002] EWHC 2777 (Admin), [2002] All ER (D) 245 (Dec) the Divisional Court held that it had no jurisdiction to interpret an international instrument that had not been incorporated into domestic law even though the claim was founded on an alleged breach of customary international law.

Where a court is considering an application for an enforcement order in relation to a contact order under the Children Act 1989, or for an order following an alleged breach of an enforcement order, and asks an officer of the probation service to provide information to the court, and the officer will need to discuss aspects of the court case with an officer of the National Probation Service, the court should give leave to that officer to disclose to the National Probation Service such information (whether or not contained in a document filed with the court) in relation to the proceedings as is necessary.

Arbitration matters in which we have been involved include the enforcement in England of an international award resulting from a major construction contract in Africa (the awards involved five different currencies), the performance of an English domestic construction contract and the alleged breach of a major international consulting contract (all subject to confidentiality).

The breach of duty exception provides that in a lawsuit between an attorney and a client based on an alleged breach of duty by the lawyer, attorney - client communications relevant to the breach are not protected by the attorney - client privilege.

Defended a bank: shareholder derivative action alleged breach of fiduciary duty to a subsidiary by stopping an IPO and accelerating loan repayment.

In Bennett v Lenovo, the plaintiff alleged breach of contract, breach of the implied condition of merchantability, the tort of intrusion upon seclusion, and breach of provincial privacy laws as a result of the factory installation of an alleged adware program «Virtual Discovery» on certain Lenovo laptops.

A US$ 64 - million dispute in respect of alleged breach of warranty under an international SPA, culminating in a 5 - week trial in the Rolls Building.

To take but one example, this same Annex VII Tribunal in its Award on Jurisdiction and Admissibility only refers to the VCLT at paras 176 and 182 in the context of emphasising that while the Tribunal could have no jurisdiction with respect to an alleged breach of the Convention on Biological Diversity (CBD) it could resort to the CBD (applying article 31 (3)(c) of the VCLT) for assistance in interpreting articles 192 and 194 of LOSC.

«The English Civil Claim is for the in personam remedy of compensation against Mr Antonov and Mr Baranauskas arising out of an alleged breach of their duties as directors, officers or shareholders of Snoras.

He made no claim against the departmental manager herself, and his claim was based exclusively on the trust's vicarious liability for his manager's alleged breach of the statutory prohibition of harassment.

There is, for instance, nothing in the pleading that suggests that apart from the alleged breach of fiduciary duty that Mr. Epstein negligently drafted the documentation or failed to perform any services associated with the contract between Flirty Girl Fitness and Hottie Body Boutique.

[5] It may be noted that the pleading of professional negligence equates the alleged breach of fiduciary duty with professional negligence.

Pain, suffering and loss of amenity and / or diminution in value and / or loss of enjoyment of holidays and / or losses and expenses sustained by them during their stays at the Hotel Torremolinos Beach Club Hotel between October 2000 and July 2002 as a result of the Defendants» alleged breach of contracts, the Defendants» and / or suppliers of other services failure to properly perform their obligations to the Claimants in accordance with the Package Travel, Package Holidays and Package Tours regulations 1992.

Marlene also has experience of successfully representing employees who face injunctive proceedings following the alleged breach of post termination restrictions and the alleged theft of confidential information.

He alleged breach of contract, fraud, violation of California Business & Professions Code and negligent misrepresentation.

Recent work includes acting for representative beneficiaries in a claim for directions as to whether the trustees could take into account the compensation recoverable from the PPF when making decisions relating to assets of the scheme, and acting in a claim concerning an alleged breach of duty on the part of trustees of a small self administered scheme.

Defended a prominent trial attorney in a jury trial involving alleged breach of partnership agreement and fiduciary duty.

Even a tribunal that acts judicially can surely participate in some meaningful way before a reviewing court, for instance in addressing the standard of review (though see this case) or providing context for an alleged breach of procedural fairness.

Assisting with the successful defence at trial of a claim for alleged breach of an oral contract.

Represented Russian freight forwarding company Concern Sojuzvneshtrans in litigation involving alleged breach of guaranty on lease of shipping containers.

Given that the Tribunal can not award punitive damages or legal costs and typically does not award damages for lost future earning capacity and future therapeutic treatment (all of which were awarded in Olympia), it would appear that civil actions should be given serious consideration in situations where an alleged breach of the Code involves factually complex or serious acts of misconduct.

R (Gaughran) v Chief Constable of the Police Service of Northern Ireland [2015] UKSC 29, [2016] AC 345 (Supreme Court) Jonathan successfully represented the Home Office in this challenge, based on an alleged breach of Article 8 of the Convention, to the indefinite retention by police of the DNA profiles of persons who have been convicted of an offence.

Akai Holdings Limited & Others v Ho Wing On & Others (Hong Kong High Court, Commercial List): claim for an amount exceeding US$ 500 million for alleged breach of fiduciary duty arising from one of Hong Kong's largest ever corporate collapses.

Accordingly, the plaintiff must establish, on a balance of probabilities, a causal link between the alleged breach of the standard of care and the alleged injuries.»

It is only where the alleged breach of natural justice has surpassed the boundaries of legitimate expectation and propriety, culminating in actual prejudice to a party, that a remedy can or should be made available.»

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

He began by addressing the alleged breach of duty of candour, and emphasised that a party's failure to disclose relevant documentary information was clearly capable of subjecting another party to an unfair procedure.

And it provides a clear jurisprudential framework for courts to evaluate when a plaintiff knew or ought to have known that commencing a proceeding would be an appropriate means to remedy an alleged breach of insurance contract claim.

Lauren Godfrey settles multi-million claim for alleged breach of directors» duties and restrictive covenants.

Probate litigation may be required when disputes arise regarding will contests, trust disputes or an alleged breach of fiduciary duty.

In a fairly recent decision, the Ontario Superior Court of Justice found in favour of the defendants on summary judgement, dismissing an action by the plaintiff - employer for alleged breach of a non-competition clause.