Sentences with phrase «breach of contract because»

The buyers sued the sellers and the real estate licensees who represented them, alleging fraud and breach of contract because the sellers had known about the possibility of a sewer assessment.

If the jury found that the disclosure statement falsely represented the property as having no structural defects, then S&J would be liable for breach of contract because the disclosure had been incorporated into the contract instead of as a separate document.

However, in the ruling issued by the US District Court Judge Dean Pregerson, the judge sided with Redbox saying that its actions do not constitute a breach of contract because there is no binding contract in the first place.

I agree with the part that there are some loopholes but my answer differed in the main part that It was not a breach of contract because they said that they should implement a tracking software and they didn't specify any ideas that how it should be done.

For example, if you offer $ 100 for the return of your dog, but then refuse to pay because you think the person who brought the dog back stole him, you'd likely be in breach of contract because you broke your word about the payment.

Today Kno is suing the company for breach of contract because the publisher wants to pull out.

It was brought to my attention by my «team» that NBC believed that I was in breach of contract because I had disparaged their brand.

Not exact matches

And nobody can sue them for breach of contract, because they have sovereign immunity.

They are keeping the health care for employees and not dropping it because they are probably legally bound to continue to provide a benefit that was in place when they hired their employees (I don't know what the law is in Ohio) but breach of contract, etc. may play into it.

And so, perhaps, when NJEA leaders objected to the selection of Paula White because of her association with DFER, Murphy, who had breached his contract with them, made a promise he could keep, even though that decision makes Repollet look far removed from the loop of state educational leadership, makes Murphy look like Pavlov's dog when confronted with a whiff of dissension from his patron, and makes NJEA look like Pavlov himself, a metamorphosis it may welcome after a humiliating defeat of the $ 5 million campaign to unseat Senate President Steve Sweeney by replacing him with a Trump - supporting climate - change - denying immigration - foe.

It matters because if an author breaches the contract and places the work for sale herself on another venue, Kristin's only remedy is to file suit for breach of contract and ask for 15 % of the amount made.

He said the guidelines had been developed because of concerns over free e-book lending offered by some libraries to lenders «wherever you are» in breach of publisher contracts.

Some companies charge this fee because it may be viewed as a breach of contract or it is a way to make back on lost interest.

It is very clear that Chase entered into contracts with us, e.g., 3.99 % fixed for the life of the balance, and now wants to breach those contracts because they do not like the terms that they agreed to.

(8) A contract entered into pursuant to subsection (1) shall include a statement that if the terms of the contract are breached because a person adopting a dog, cat, or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the greater of $ 100.00 or actual reasonable costs incurred by the animal control shelter or animal protection shelter to enforce the contract.

I took contracts because it's one of the basic courses you take in first year, so you learn all these basic contract doctrines, like how is a contract formed and what constitutes breach of a contract and what are the remedies.

A breach of contract after a nondisclosure agreement has been established is a serious problem, and if you've suffered because of someone else's loose lips, there are a few legal remedies available to you.

In Apacheta Corp. v. Lincare, Inc., Apacheta sued for breach of contract in claiming that Lincare's termination violated the right - to - cure provision because Lincare neither provided notice of breach nor a cure period.

This is because a provision in a complex commercial contract may not be a penalty clause even though consequences following the breach may not represent a genuine pre-estimate of the loss suffered by the innocent party.

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.

While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, so you could be penalized.

Because Users license, the Content to Youtube, Youtube is entitled to recover loss of income from your breach of contract, including loss of advertising revenue, and possibly even punitive damages.

«If works which are reasonably necessary and are done to a reasonable standard are carried out under a Partnering Agreement Camden will be able to meet criticism regarding the level of expense by pointing out that Camden is already contractually bound to the Partner and had to place the works with the Partner at the contract rate provided for in the Partnering Agreement, and therefore the costs were indeed reasonably incurred because, even if the works could reasonably have been expected to have been done significantly cheaper by other competent contractors, Camden would be in breach of contract by giving the works to anyone other than the Partner.»

She is entitled to treat the respondent's breaches as a repudiation of the Agreement because these breaches substantially deprived her of the fundamental benefit of the contract.

Claimant employers need to carry out a cost - benefit analysis when deciding whether to pursue former employees for soliciting their clients, because even if they can show breaches of contract, they must demonstrate that they suffered loss as a result of those breaches.

Breach of contract cases might be overwhelming, but they're also something many individuals and small businesses are likely to encounter at some point down the line simply because contracts are so prevalent in today's world.

The purchase and sale contract or an affidavit stating its material terms and stating that it is still effective, or both, could be recorded in the real estate records of the county where the property was located prior to closing, but it would be highly usual to do so absent a clear indication that a breach was imminent (because it is very rare for this to happen since the consequences are clear and it is so often an open and shut case) but it could come up if the seller believes that a condition under the original contract was breached and the buyer disagreed.

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.

Because you are contracted with your insurance company, they have contractual obligations to you which they must satisfy or you can sue them for breach of contract and bad faith.

On a final note, the court ruled that the plaintiff's state law claims for, inter alia, breach of contract, unjust enrichment, and conversion also failed because those claims depended on an initial finding that the tip money used for other purposes was the property of the employees under the FLSA.

«The trial judge in that case felt there was a fundamental breach but it went to the court of appeal and the court said no, because even with a litany of complaints the court couldn't find a substantial failure of consideration under the contract because the franchises still had the right to use the mark, the system and the brand,» she says.

It fell within that rule because it was damage of a kind which the charterer, when he made the contract, ought to have realised was not unlikely to result from a breach of contract by delay in redelivery.

The agreements were due to expire simultaneously and by letter sent, at the last possible moment, Apollo served notice that the franchise agreements would not be renewed because of alleged breaches of contract and because the franchisee had failed to serve their renewal notices within the period specified by their franchise agreements.

Broadly speaking, if you sue because of a breach of a contract, the defendant will usually be the person or business you contracted with (for example, the landlord who breached your lease).

[W] e wish to make clear that abolition of the actions for alienation of affections and criminal conversation does not preclude a person from maintaining a traditional breach of contract action merely because the breach arose from an improper liaison with the plaintiff's spouse or because the effect of the alleged breach or tortious conduct was a disruption or breakup of his or her marriage....

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.

If you resign and can show that you did so because of your employer's breach of contract and you have two years» service, then your compensation will be made up of:

You must be able to show that your employer acted in breach of your contract of employment, and you resigned because of that breach.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

Make it clear in your resignation letter that you are resigning because of the breach of contract by your employer

The Court of Appeal held that the charterers had repudiated the contract by cancelling it three days before the deadline of 20 July 1965 but that the owner had not suffered any damage because it was clear that they would have been in breach of contract on 20 July 1965 — the charterers would then have cancelled the contract before the voyage ever took place.

This second 6,000 mile journey also apparently proved fruitless because on July 30, 2010, Young sued Facebook alleging violations of her First and 14th Amendment rights; breach of contract; breach of the covenant of good faith and fair dealing; negligence; and fraud.

A wrongful dismissal is considered to be an «unlawful» dismissal because it is a breach of contract.

The Court held that because the parties had agreed specific amounts payable by the Shipper as damages for its breach of the contract, the mitigation principle did not apply and demurrage could accrue.

Significantly, approximately 30 % of termination clauses in Ontario employment contracts have not been properly drafted and will not be enforced by a court because they breach the minimum standards of the («ESA»).

The case relates to the countries previous and future transportation contracts and involves a review of contract terms, potential breaches of local procurement rules and potentially setting aside contracts because of undue influence / fraud.

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.

Often, legal malpractice happens because of negligence, breach of fiduciary duty, or a breach of contract.

For example, the tenant may only have breached the terms of the contract because the landlord acted unlawfully.

You still have to be honest with them because ICBC has been known to do further investigations and if you are caught given them a false statement that is a reason for a breach of the contract of insurance in itself.