Sentences with phrase «breach of a statutory provision»

So for instance, where the State Proceedings Act, 1998, Act 555 requires that the Attorney General must be given 30 days» notice before any action is commenced against the Republic of Ghana [3], a Judge does not have any discretion in such a breach of this statutory provision.

Not exact matches

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

Given that the potential remedies under the private right of action include statutory damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class actions) arising as of July 1, 2017.

«In addition to actual damages suffered for a breach of CASL's anti-spam and anti-malware provisions, courts will be able to award applicants statutory damages of $ 200 for each contravention of CASL up to $ 1 million for each day on which a contravention occurred.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories