Successful representation of the designer / manufacturer of high tech, high pressure hydraulic hoses and fittings in a week - long arbitration hearing before a three - judge AAA tribunal achieving a multi-million dollar
award for breach of contract against a global competitor.
Thus Hadley v. Baxendale is the leading case on limiting
awards for breach of contract — it's now on its way to becoming the leading case for starting awards, but that's another sad and frustrating story — when the far better case, Horne v. Midland Railway Company (1873), L.R. 8 C.P. 131 (Ex.
Since damages can be
awarded for breaches of contract, a breach has to be an «unlawful» act, i.e., an act that attracts a sanction, the proposed rule would be impossibly wide: we recognize the unlawful element when we refer to wrongful dismissals.
English law does not allow punitive damages (called «exemplary damages» under English law) to be
awarded for breach of contract, but does permit the award of exemplary damages for some tortious claims.
Considering the case law, the Court concluded that negotiating damages can be
awarded for breach of contract where the loss suffered by the claimant is appropriately measured by reference to the economic value of the right which has been breached, considered as an asset.
Not exact matches
An arbitration panel
awarded him $ 1.3 million
for breach of contract.
• Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, Montana Fifth Judicial District Court (2010): $ 600,000 jury verdict and additional
award of punitive damages
for breach of contract, deceit, abuse
of process and other claims.
The drafts I propose here are
for transactional disputes, and specifically
for AODR that generates arbitral
awards in the millions
of claims
for debt and
breach of contract.
The Assessed Group [Group 2] may be satisfied with the quantum
of the
award made by the OLRB and the outcome that the Defendants are liable to pay that
award as the damages
for their negligence, conspiracy, inducing
breach of contract, or oppression remedy claim.»
As Canadian Lawyer reported in 2015, an Ontario Superior Court judge
awarded damages against Cassels Brock
for breach of fiduciary duty,
breach of contract and professional negligence.
Therefore, punitive damages are «recoverable
for a tort committed in connection with, but independently
of, the
breach of contract, where the essentials
of the
award of such damages are otherwise present, the allowance
of such damages being
for the tort and not
for the
breach of contract.»
Further, the EAT considered that claims under the WTR 1998 were analogous to claims
of breach of contract, and there was no entitlement under English law to
award damages
for injury to feelings.
A legal action
for breach of contract is a civil action, and any remedies
awarded are designed to place the injured party in the position that party would have been in but
for the
breach.
Obtained multiple
awards for a wholesale food company in several American Arbitration Association arbitrations in Oklahoma, Arizona and Florida relating to
breach of contracts by grocery store owners.
The arbitrator granted summary disposition in favor
of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all
of Weirton's claims, except
for the
breach -
of -
contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's
breach -
of -
contract claim against Quorum was time - barred under the applicable Tennessee statute
of limitations; (4) Weirton's tort claims were alternatively barred by the gist -
of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because
of the parties»
contracts (the «Second
Award»).
In ET v Rocky Mountain Play Therapy Institute Inc, 2016 ABQB 299 (CanLII), the claimant was subject to an enhanced costs
award against him
of $ 18,000
for making «serious unfounded allegations» (at para 9) against the respondents and their counsel in an interlocutory proceeding related to his claim
for breach of contract, defamation and negligence.
The trial judge found no bad faith on the part
of the insurer, but
awarded Ms. Fidler aggravated damages
of $ 20,000
for mental distress resulting from Sun Life's
breach of the group disability
contract.
The Supreme Court
of Canada stated in Honda Canada Inc. v. Keays.1 that an
award of moral damages is based on the principle, articulated in Hadley v. Baxendale, 2 that damages are recoverable
for a contractual
breach if the damages are «such as may fairly and reasonably be considered either arising naturally... from such
breach of contract itself, or such as may reasonably be supposed to have been in the contemplation
of both parties».
-- Instructed by Clifford Chance (as junior to Joe Smouha QC) to act
for the respondent to an application under section 68
of the Arbitration Act 1996 challenging an LCIA
award concerning a # 480 million claim
for breach of contract — Instructed by Slaughter and May (as junior to David Streatfeild James QC) in an ICC arbitration involving a claim against a German conglomerate in the industrial sector.
-- Instructed by Clifford Chance (as junior to Joe Smouha QC) to act
for the respondent to an application under section 68
of the Arbitration Act 1996 challenging an LCIA
award concerning a # 480 million claim
for breach of contract
At the time
of the
contract's non-renewal the assessed value
of the business was $ 87,000 and that was what the Supreme Court
of Canada
awarded Mr. Bhasin as damages
for Can - Am's
breach.
The Court
of Appeal
awarded bonus payments to Mr. Paquette, and in so doing confirmed that the basic principle in
awarding damages
for wrongful dismissal is that «the employee is entitled to compensation
for all losses arising from the employer's
breach of contract in failing to give proper notice.»
The basic principle in
awarding damages
for wrongful dismissal is that the terminated employee is entitled to compensation
for all losses arising from the employer's
breach of contract in failing to give proper notice.
In aircraft manufacturer Airbus Americas» suit demanding indemnification
for defendant Metron's alleged
breaches of contract related to Airbus» acquisition
of Metron Holdings in 2011, a Fairfax Circuit Court
awards Airbus $ 9.4 million in damages.
Branco v. American Home Assurance Co. et al. 2013 SKQB 98 Damage
Awards — Exemplary or punitive damages —
Breach of contract Branco, at age 58, developed reflex sympathetic dystrophy in his right foot after two injuries while working as a welder
for the Kumtor Operating Co. in Kyrgyzstan.
The matter went to arbitration and the arbitrator
awarded damages
of $ 4.1 million against Georgia
for breach of contract.
Successful representation
of the service / maintenance contractor
for a fleet
of railroad locomotives in a four - week AAA arbitration hearing before a three - judge AAA tribunal achieving a $ 70 million
award against a major railroad
for breach of a long - term maintenance
contract.
Alternatively you can bring a claim
for breach of contract in the civil courts which can
award damages going back five years in Scotland or six in England and Wales.
That broad common law principle was subject to an anomalous, that was, unprincipled, exception regarding claims
for interest losses by way
of damages
for breach of a
contract to pay a debt: in London, Chatham and Dover Railway Co v South Eastern Railway Co [1893] AC 429 it was decided that at common law a court had no power to
award interest by way
of damages
for the late payment
of a debt.
The court has a common law jurisdiction to
award interest, simple and compound, as damages on claims
for non-payment
of debts as well as on other claims
for breach of contract and in tort.
An Ontario Superior Court judge has
awarded damages against law firm Cassels Brock & Blackwell LLP in the amount
of $ 45 million
for breach of fiduciary duty,
breach of contract, and professional negligence.
Therefore, the court had a common law jurisdiction to
award interest, simple and compound, as damages on claims
for non-payment
of debts as well as on other claims
for breach of contract and in tort.
Both parties moved
for summary judgment, where the respondent asked the court to
award damages
for breach of contract, and the appellant asked the court to dismiss the action.
In 2011, the plaintiff sued Ruggieri Engineering
for breach of contract, and was
awarded $ 337,130 in damages.
The court stated that «the purpose
of awarding damages
for breach of contract is neither to penalize the defendant nor merely to return to the plaintiff that which he has expended in reliance on the
contract.
Wyoming's Supreme Court affirmed the trial court's
award for the commission, saying the owners
breached the implied duty
of good faith inherent in every
contract.