Not exact matches
Examples
of these risks, uncertainties and other factors include, but are not limited to the impact
of: adverse general economic and related factors, such as fluctuating or increasing levels
of unemployment, underemployment and the volatility
of fuel prices, declines in the securities and real estate markets, and perceptions
of these conditions that decrease the level
of disposable income
of consumers or consumer
confidence; adverse events impacting the security
of travel, such as terrorist acts, armed conflict and threats thereof, acts
of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets;
breaches in data security or other disturbances to our information technology and other networks; the spread
of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment
of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount
of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion
of our assets pledged as collateral under our existing debt agreements and the ability
of our creditors to accelerate the repayment
of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss
of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price
of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times
of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability
of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings
by the Company with the Securities and Exchange Commission.
Labour's Commons motion on whether Jeremy Hunt should be investigated for
breaching the Ministerial Code in his handling
of the BSkyB bid has been rejected - the Government won the vote
of confidence in Hunt
by 290 to 252.
And as Butterworth tweeted to his followers: «If u get excited
by unreviewed results leaked in
breach of confidence you'll have a distracting few months.»
It is increasingly common (as happened in this case) for
breach of the implied term
of trust and
confidence to be alleged
by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root
of the contract).
If not, was it nevertheless a part
of a course
of conduct comprising several acts and omissions which, viewed cumulatively, amounted to a repudiatory
breach of the employee's contract
by showing that all trust and
confidence had been destroyed?
A
breach commonly relied
by claimants is a
breach of the implied term
of trust and
confidence.
A person who wished to prevent disclosure
of genuinely confidential information, either
by the SFO or
by a person SFO had disclosed documents to, would need to rely on judicial review proceedings or seek an injunction to prevent a
breach of confidence.
The High Court has held that a university's refusal to allow a professor to be accompanied
by a representative
of a professional defence organisation at a disciplinary investigation meeting amounted to a
breach of the implied term
of trust and
confidence.
Claims for threatened
breaches of confidence and fiduciary duty
by a senior employee and an injunction to restrain a conflict
of interest in a US$ 15 million contract.
Most employers» disciplinary procedures are not contractual, and therefore a failure to follow them does not, generally speaking, constitute a
breach of contract (unless the employee can show that the failure was a
breach of the implied duty
of trust and
confidence owed
by the employer).
Miller goes on to add some other activities which, in his view, constitute criminal contempt: obstructing persons officially connected with the court or its process, interference with persons under the special protective jurisdiction
of the court,
breach of duty
by persons officially connected with the court or its process, forging, altering or abusing the process
of the court, divulging the
confidences of the jury room, preventing access
by the public to courts
of law, service
of process in the precinct
of the court, and disclosing the identity
of witnesses.
The claimants contended that Dr Cave's communications with the public and with their employees were defamatory, and in
breach of confidence, and that they were thereby entitled to stop him, before any trial,
by relying on the statutory tort
of harassment.
The three cases involve five different alleged wrongs, raising possible causes
of action for economic loss: inducing
breach of contract (Mainstream), causing loss
by unlawful means (Zeta - Jones) interference with contractual relations (OBG);
breach of confidence (Zeta - Jones) and conversion (OBG).
In finding this conduct to be tortious the court concluded that the torts
of Breach of Confidence, Intentional Infliction
of Mental Distress and Invasion
of Privacy were all made out
by such behavior.
Some argued a new tort was not necessary as many aspects
of privacy were already protected
by other causes
of action like
breach of confidence, defamation,
breach of copyright, nuisance, and various property rights.
In extreme cases, the employee may engage in a
breach of confidence, sabotage, or theft
of trade secrets
by the employee.
John initiated claims in misuse
of private information,
breach of confidence and defamation (in addition to claims for data protection
breaches and conspiracy to cause loss
by unlawful means).
Projects are led
by specialist lawyers who are experienced at handling disputes and who understand how to effectively use the laws
of defamation, reputation management,
breach of confidence and privacy to your advantage.
Ewing v Times Newspapers 2010 S.L.T. 1093: resistance to appeal against finding
of caution in claim for defamation and
breach of confidence raised
by a pursuer who had been declared vexatious in England and Wales.
In Eastwood v Magnox Electric plc [2004] UKHL 35, [2004] 3 All ER 991, the House
of Lords seized upon the opportunity to recognise the validity
of a claim for stress - related injury alleged to have been caused
by a campaign on the part
of an employer to demoralise the claimants before dismissing them in
breach of duty
of trust and
confidence.
That is why, in Mahmud's case itself, damages were recoverable for financial loss flowing from damage to reputation caused
by a
breach of the implied term
of trust and
confidence.»
Claims for threatened
breaches of confidence and fiduciary duty
by a senior employee and an injunction to restrain a conflict
of interest in a US$ 15 - million contract.
The allegations in the Statement
of Claim brought
by JG (apparently wrongful termination arising from
breach of confidence and defamation) may not be covered
by the grievance procedure in his collective agreement; hence the law firm may be justified in pursuing a separate action and well within the «limits
of legality».
Finally, the appellant argued that she could recover damages for the Trust's
breach of contract comprising its
breach of confidence and trust
by inducing her to sign the agreement
by misleading her into a belief that the agreement had all necessary approvals from the Department
of Health, the auditors and the Strategic Health Authority.
For good measure, Laws LJ added that, if wrong on this, he would have found for the claimant on her secondary claim
of unjust enrichment
by the trust and, although expressing no firm conclusion, seemed to give a favourable view to a possible third ground
of breach of trust and
confidence by the trust in assuring the claimant that the payment she was agreeing to had been lawfully determined.
For section 41 to apply: (i) the information must be confidential; (ii) the information must be obtained
by the public authority from any other person; and (iii) disclosure
of the information
by the public authority must constitute an actionable
breach of confidence.
The appellant commenced an action against the respondent alleging
breach of confidence and
breach of the Privacy Act, R.S.B.C. 1996, c. 373,
by the respondent.
If recommendation 4 is not accepted, the Commission recommends that proposed ss 94E (1), 94G and 94N in item 35
of Schedule 1 to the Bill should be amended to include rights to apply to the court objecting to demands
by the mediator on such grounds as legal professional privilege, prejudice to the party's claim or
breach of confidence.