Sentences with phrase «basis of breach of contract»

The plaintiffs allege that Dundee and CWT are liable on the basis of breach of contract, negligent performance of a service, negligence simpliciter and breach of fiduciary duty.

The plaintiff subsequently issued an action against the University and a number of faculty members seeking damages on the basis of breach of contract, negligence, and breach of fiduciary duty.

Not exact matches

The NDP could have framed this debate as one of protecting Alberta jobs and an Alberta - based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its duty of procedural fairness in the RFP process in a substantive manner).

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

He said the decision found no breach of fiduciary duty, no breach of contract, and no basis for claiming excessive profits.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

«Gravity» Author Sues Warner Bros. for Breach of Contract, Seeks Percentage of Film's Profit Tess Gerritsen claims that she is owed a «based upon» credit and a boatload of money.

Should I demand they return the rights to my book based on breach of contract?

(5) Please note, we can not accept any liability for any damage, loss, expense or other sum (s) of any nature or description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.

You don't have to agree with Salby to see that, on the basis of our current evidence, Macquarie University has behaved in a shabby and unprofessional manner, and quite possibly breached several employment and contract laws.

For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchange.

2) I noticed that some of the rational is based on the assertion that the contract conditions have been breached.

First whether it was possible for a dismissal based on conduct to be fair if it was not in breach of the employee's contract.

TCL v. Ericsson: Representing TCL in a breach of contract action based on FRAND obligations relating to Ericsson's standard essential patents.

The Texas - based law firm specializes in a variety of personal injury, breach of contract, fraud and negligence cases, including oilfield and refinery explosions, trucking accidents, toxic exposure and dangerous prescription drugs.

Represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer.

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

Among other precedential matters, Mr. Miklave represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer (Lobosco v. NYNEX).

The Community Legal Assistance Society, its funders, its authors, its contributors, its editors, and the distributors of this website are not responsible for ensuring this website is up - to - date, ensuring the completeness or accuracy of the information contained in this website, or any form of damages or monetary loss caused by or attributed to the use of this website, including but not limited to claims based on negligence or breach of contract.

Those claims could be based on negligent mis - statement, misrepresentation, breach of contract or the tort of deceit.

Thus far, the existence of a mediation contract requiring confidentiality has not succeeded in affording any wider protection than that afforded by the without prejudice principle, albeit that a contractual remedy may afford a secure basis for the obtaining of an injunction to restrain a threatened breach of that confidentiality: see Venture Investment Placement Ltd v Hall [2005] EWHC 1227 (Ch), [2005] All ER (D) 224 (May) and David Instance v Denny Brothers Printing Ltd [2000] FSR 869.

Interim injunctive relief was successfully obtained and the substantive claim was based on breach of confidence, conspiracy, breach of contract and breach of fiduciary duty.

There were injunctive proceedings in the High Court, Queen's Bench Division brought by the distributor based on claims of misuse of confidential information breaches of contract by its former employees (who had joined Vodafone).

Issues concerning a claim for damages for breaches of contract governed by UAE law and based on various articles of UAE Civil Code (Civil Transactions Law (Federal Law No. 5 of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions Law.

Brandon's experience also includes general commercial litigation, including both plaintiff and defense matters based on contract, professional liability, breach of fiduciary duty and fraud.

The enactment of Senate Bill 224 shortens the time period a litigant has to file a lawsuit for a breach based on a written contract.

Dispute between two leading US based management consultancies over a team move in Dubai (UAE): High Court claim in England based entirely on UAE law, including alleged breaches of contract (governed by UAE law) article 64 of the Commercial Transactions Code, articles 120 and 127 of the UAE Labor Law, articles 246 and 282 of the Civil Transactions code.

We routinely represent religious clients in matters involving: the First Amendment, ownership and use of church property, detinue, conversion, fraud and misrepresentation, sexual misconduct, negligence, negligent hiring, negligent retention, negligent supervision, intentional and negligent emotional distress, employment based discrimination and harassment and breach of contract.

AMTF commenced proceedings against MMGR, based on the tort of inducing breach of contract seeking both damages and injunctive relief.

Prior to joining Lipe Lyons, Ms. Abraham spent several years as a trial attorney for a Chicago based firm defending insurance carriers and their insureds in personal injury and property damage claims arising from motor vehicle collisions, as well as breach of contract and insurance coverage disputes.

Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters involving breach of contract, fraud and disputes under the Uniform Commercial Code, and defended his clients in consumer class action litigation.

Any discussion of «gains - based» recovery for breach of contract or tort has to deal with the practical problem that, while the plaintiff usually has access to the facts it needs to establish its loss, the defendant will have access to the facts needed to establish its gains.

Energenics & Neuftec v Hazarika [2014] EWHC 1845 (Ch) resisting claims for damages based on breach of contract and breach of fiduciary duty against the seller of a Dominican company.

Contract — Counterclaim for damages for repudiatory breach or renunciation — Contract terminated by defendant by reason of claimant going into administration — Whether claimant in repudiatory breach — Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.

McCann has now filed against the company at the High Court in Northern Ireland accusing the bet365 and its Gibraltar - based parent company, of breach of contract.

If Fastcase were allowed to amend its complaint to state a claim based on the period after April 7, Casemaker would respond with a claim for breach of contract that would not be preempted by the Copyright Act, along with a claim for copyright infringement, depending on whether Fastcase copied any Casemaker materials.

A Breach of Contract Notice can help you make sure all your bases are covered.

Justice Glenn Hainey ultimately found that the limitation of liability clauses did not apply to BDC's claims based on Experian's fraudulent misrepresentations and breach of contract and therefore did not preclude or limit any damages award on these grounds.

Tort Claim: a claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liability.

Defended an LTE cellular network provider in a lawsuit by a California - based wireless broadband network component provider in an action for breach of a contract to purchase component parts necessary to build an LTE network in West Texas.

This appeal considered whether the Court of Appeal erred in law in holding that a lender could recover damages from its negligent adviser representing loans that had been repaid by the borrower, on the basis that the borrower's repayments were collateral to (or res inter alios acta) the adviser's breach of contract.

A recent Grand Court of the Cayman Islands decision has confirmed that if a party pursues foreign proceedings in breach of a Cayman Islands exclusive jurisdiction (or similar) clause in a contract, that party faces the prospect of having to pay both the Cayman and foreign litigation costs of the counterparty on the indemnity basis..

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».

Mediated international cases over pricing and breach of contract disputes involving tech companies based in overseas markets such as Israel

Cases based on «garden - variety breaches of contract or regulatory violations» are being thrown out.

For example, if your company's employee handbook states that employees who are terminated will receive severance according to a formula based on the employee's years of service, and your company does not pay you the correct amount of severance, our employment attorneys may be able to file a breach of contract claim on your behalf seeking the unpaid compensation.

Unfortunately, when more than one state or country is involved in a transaction, issues concerning jurisdiction arise when claims are made based on a breach of contract or fraud.

Our attorneys have defended companies in lawsuits involving claims of negligence, invasion of privacy, and breach of contract arising out of the use and dissemination of computer - based information.

Spence received a $ 52,000,000 verdict against McDonald's Corporation, the fast - food chain, on behalf of a small, bankrupt, family - owned ice cream company for McDonald's breach of an oral contract based on a handshake.

We defended the case based on the insurance policy's concealment or fraud provision and also asserted counterclaims for breach of contract and fraud.