The lawsuit accuses him of «
breach of written contract — confidentiality agreement» and «breach of fiduciary duty.»
Not exact matches
It would be the state's first legal test over whether a borrower can sue a bank for
breach of contract after the lender rejected a loan revision when the borrower satisfied a government - supported mortgage - conversion program, the judge
wrote.
Either party may terminate this
contract during the term with immediate effect upon
written notice to the other party if the other party commits a material
breach of this
contract and the defaulting party fails to remedy such
breach within 14 days
of being given
written notice to do so.
Amazon lowered the price
of my book, but they also
wrote telling me that I was in
breach of contract and that they would unpublish my book if I didn't take steps to remedy the matter within 5 days.
Grahame - Smith, who unleashed the zombie mashup on the world with the surprise 2009 hit Pride and Prejudice and Zombies, and went on to
write the bestseller Abraham Lincoln: Vampire Hunter, is being taken to court by Hachette for
breach of contract.
Most business
contracts are
written in a way that addresses remedies for
breach of contract; if initial negations are not successful, then the situation moves into mediation and ultimately to court.
In many cases, the remedies for a
breach of contract are
written right into the
contract itself.
On Friday, June 20, 2014 at 3:44 PM, Kong Lin
wrote: -------------- Do you handle Business Litigation /
breach of contract?
Where there is no
written employment
contract restricting rights at termination or the employment
contract is void because it is in
breach of the ESA, the appropriate notice period can be much greater than the minimums set out under the ESA.
This letter is used to provide
written notice to a person or organization that is in default or
breach of contract.
The applicants also seek a declaration that a promise made in
writing by Mr. McGuinty on September 11, 2003, is a
contract with the CTF and that Mr. McGuinty is in
breach of this
contract or, in the alternative, that this promise was a negligent misrepresentation.
For example, instead
of writing «Plaintiffs allege that defendant
breached the
contract,» or «The judge found that defendant violated the statute,» lawyers will bury the verbs allege and violated in abstract - noun phrases: «Plaintiffs make the allegation that defendant
breached the
contract,» and «The judge found that defendant was in violation
of the statute.»
You want to provide
written notice that a person or organization is in
breach of contract.
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.
I am worried that even if I can legally
write a
contract and negotiate with somebody to sign it, It will be more expensive to sue for
breach of contract than what I will get if I win the lawsuit.
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.
Say you are
writing code in Croatia and your client back in the States tries to sue you for
breach of contract, your personal assets would be on the line.
The trial judge, and later the New Brunswick Court
of Appeal, erred by failing to apply the first test for constructive dismissal, which is whether the employer's action constitutes a
breach of the employment
contract, Wagner
wrote.
Written contracts can be particularly confusing, because a
breach of contract case may deal with both the existence
of the
contract and the information contained in it.
At trial, the plaintiff presents the
written contract as real evidence
of the agreement she and the defendant made and that the defendant
breached when he didn't have the cash for the plaintiff on September 20 as stated.
These implied terms
of the employment
contract can be modified through clear, unambiguous
written wording that is legally sound, provided that such modifications do not
breach statutorily imposed minimum standards.
Electron wanted the deal to include language limiting Electron's liability for third - party intellectual property claims and maintaining their right to sue Morgan Stanley in the event
of a
contract breach,
writes Kathryn Rubino.
Any dispute between us relating to our representation
of you, including, without limitation, claims for
breach of contract, professional negligence,
breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and / or costs charged shall be submitted to binding arbitration through the Cincinnati Bar Association, upon the
written request
of one party after the service
of that request on the other party.
Justice Glithero found that the termination clause
breached the ESA
writing «[b] oth Machtinger at para. 26 and s. 5 (1)
of the ESA make any provisions that attempt to
contract out
of minimum employment standards, by providing for lesser benefits than those legislated as minimums, «null and void»».
The case also illustrates how vital getting documents into evidence in
breach of contract cases and the paramount importance
of clear prevailing party fee provisions in
written agreements.
(a) that the Claimants
contracted with the Defendants to purchase package holidays at the Club Aguamar Hotel and stayed at the Club Aguamar Hotel between the dates set out in the schedule to the order, and (b) that the Claimants suffered gastric or other illness
of various durations, and / or personal injury, and / or distress, inconvenience, loss and damage as a result
of improper performance
of the provision
of services under the holiday
contract, in respect
of which the Claimants hold the Defendant liable (i) under the Package Travel, Package Holidays and Package Tours Regulations 1992, and / or (ii) by reason
of breaches of the said
contracts of various dates for the provision
of holidays, made in
writing, and within the jurisdiction
of this Court, and / or (iii) by reason
of the Defendant's negligence during the said period, and / or (iv) by reason
of the Defendant's misrepresentations made on various dates and inducung the Claimants to enter the said
contracts for the provision
of holidays.
Chapter 1: Introduction Chapter 2: Promises that Will Be Enforced Chapter 3: Third - Party Beneficiary
Contracts Chapter 4: Making an Enforceable
Contract Chapter 5: The Requirement
of Writing Chapter 6: Remedies for
Breach of Contract Chapter 7: Performance, Non-Performance and Excuses Chapter 8: Interpretation and Risk Allocation Chapter 9: The Control
of Contract Power Chapter 10: Illegal
Contracts
A very common mistake is with a commercial or
contract dispute is to assume that, having a
contract in
writing is the whole story and that, if the other party does not stick to the
written contract, you will almost certainly succeed with a
breach of contract claim.
March 2000 - Bench Trial (5 days) Court: Los Angeles County Superior Court (Hon. Joseph R. Kalin) Case:
Breach of Written Employment
Contract for Chief Financial Officer Role: Lead Trial Attorney Verdict: Plaintiff (fraud claims and individuals dismissed before trial)
«FF's Complaint is largely a copy
of its arbitration demand against the individual employees and is simply a restyled version
of the
breach of contract claim asserted against the Former Employees,» EVelozcity
wrote.
He
writes on legal issues in the work - place, including redundancy, unfair dismissal,
breach of contract and discrimination.
The statute
of limitations
of breach of contract ran out this past December; I want to know can I
write off the loss as uncollectible business debt this year, and could it carry over into future years?
From what you
wrote above «if there is a listing out there offering $ 500 for example I will not be showing it to a buyer» this is immoral, against your duties as a buyer's agent, and potentially a
breach of your
contract (assuming one was in place) with the buyer's that you represent.
«In my view the plantiff's claim discloses a cause
of action in
breach of contract against the defendants,»
wrote Justice Campbell.
Brokers v. Gamaldi (190 A.D. 2d 709) absence
of written agreement does not preclude recovery
of damages by licensed broker for
breach of contract or for quantum meruit (Gen. Ob.
Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause
of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-; broker engaged as exclusive buyer's agent; broker may proceed both on
breach of contract and quasi-
contract theories where there is a bona fide dispute as to the existence
of a
contract or the
contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance
of a
written agreement; broker negotiated lease terms for principal with a third party which principal used to negotiate their own lease terms with their current landlord.
Without knowing how the note was
written, it is hard to say whether it was a
breach of contract.