Sentences with phrase «breach of a contract subject»

A buyer injured by a violation of this Part or by a credit repair services organization's breach of contract subject to this Part may maintain an action in a court of competent jurisdiction for recovery of actual damages plus costs of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount of recovery.

(b) The misdemeanor provision of this section does not apply to a seller's breach of a contract subject to this title.

(a) Any buyer injured by a violation of this title or by the credit services organization's breach of a contract subject to this title may bring any action for recovery of damages, or for injunctive relief, or both.

Not exact matches

The unanimous decision, which marked the first time the high court had heard a case on the subject, clears the way for Laramie County School District No. 1 to pursue its $ 200,000 negligence and breach - of - contract claim against the architects of a school that began to crumble less than 10 years after it was built.

APSCo's education code of conduct was developed in conjunction with NAHT and states that our members «shall not misrepresent pay rates, contract terms, assignment duration or other subjects relevant to the relationship between the member, the client and the candidate» and shall not «unfairly prevent a candidate from pursuing other opportunities, nor will they induce candidates to breach or improperly interfere with a contractual relationship with a client».

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such fSubject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such fsubject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Boris I was quite bored too, until I got to the end and realised the whole thing was about possible breach of employment contracts, a dull subject, and then I saw the point.

Legal writing is replete with phrasal adjectives like breach - of - contract claims, personal - injury lawyer, subject - matter jurisdiction, civil - rights case, good - faith exception, attorney - client privilege, and work - product doctrine.

For example, it would be important to determine if there is a clause that allows you to reveal that you are subject to a confidentiality clause: if not, your question constitutes a breach of contract.

Where the substance of a complaint is made known it is not also necessary to identify the trigger for accepting the repudiatory breach, and so the trigger for a decision to accept a repudiatory breach of contract need not itself be the subject of a grievance.

The policy can be tailored to the needs of the insured, regardless of the subject matter or jurisdiction and the type of insurance cover can range from something as simple as a breach of a supply contract or dispute with an employee through to highly complicated intellectual property or product liability litigation.

Following denial of future insurance proceeds to the plaintiffs because of the concealment and fraud provision of the subject policy, the insureds brought a cause of action for breach of contract, negligence, negligent infliction of emotional distress, unfair trade practices, and bad faith.

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 subject matter of her previous representations spans from maritime boundary disputes and foreign sovereign immunities act cases to antitrust defense and breach of contract cases.

Iraq (the new government) moved to dismiss for lack of subject matter jurisdiction, arguing that it was not a party to the contracts (rather SOMO was) and that the alleged breaches did not have direct effect on the U.S. because the place of performance was Iraq and that there was no evidence that any oil would go to U.S. customers.

They claim to have been subjected to false imprisonment, trespass to the person, conspiracy to injure, torture, breach of contract, negligence, misfeasance in public office and breaches of their rights under the Human Rights Act 1998.

Many civil lawsuits are subject to a limitation period; for example a breach of contract lawsuit might be subject to a two - year limitation period.

The subject matter of litigation includes real estate fraud, non-disclosure disputes, professional negligence, breach of fiduciary duty, breach of contract, California Business & Professions Code, easement and boundary line disputes, to name a few.

Obtained jury verdict after two - week trial in Indiana state court in favor of an engineering firm subject to claims of professional negligence, fraud, and breach of contract seeking more than $ 2 million in compensatory damages as well as punitive damages.

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).

In this case, the UK branch provided services under contract to its foreign subsidiaries, subject to a duty of confidentiality, and that is how certain documents — the disclosure of which would breach the foreign confidentiality laws — came to fall within the scope of the s 20 notice.

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.

Careful analysis of the combined effect of EA 2002 and the regulations therefore shows that it is not the case, as is sometimes believed, that because breach of contract claims are excluded from Sch 4 — and therefore a grievance is not a necessary precondition to a tribunal claim — an employee who brings an (unnecessary) grievance within three months and presents his breach of contract claim within six months will be out of time — subject to reasonable practicability.

Those losses would be recoverable, subject to the principles governing all claims for damages for breach of contract, such as remoteness or failure to mitigate.

The banks could argue that, even if a customer is in breach of contract as a result of failing to ensure that there are sufficient funds in the account, that breach has been waived and instead the bank has accepted the customer's offer, made by presenting a cheque or similar, with the result that there is a variation of the existing banking contract, subject to the bank's usual terms about interest and charges, eg charges for consideration of an overdraft application and provision of funds where not previously arranged in advance.

But, you should also note the your Washington landlord or property owner also signs the same document and is subject to his or her own laws and penalties I their side of the contract is breached.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained