Sentences with phrase «breach of contract cases where»

Lilly did not owe Apotex an equitable duty, nor is this case akin to the «exceptional» breach of contract cases where courts award restitution damages to a plaintiff in order to prevent a defendant from exploiting a bilateral agreement to its advantage.

Not exact matches

7 May 27, 2014)(unpublished) drew a majority and two concurring opinions in a case where a breach of contract jury verdict of $ 14.625 million and postjudgment fee award of $ 1,512,999 went POOF!

This point on «reasonable and proper cause» came up recently in the case of Mostyn v S and P Casuals Ltd, where the EAT held that threatening to impose a significant pay cut could not amount to «a reasonable and proper cause» and was in breach of both express and implied terms of the contract.

What is also unique about this case is that the person identified as the RateMDs poster was involved in different lawsuit on the other side of Dr. Foda in Foda v. Capital Health Region, [2007] A.J. No. 22; 2007 ABQB 19, where he was making a claim for breach of contract, conspiracy, harassment, defamation, and direct interference with economic relations.

However, my textbook says there is one major distinction between the two, and it is: «in a case of waiver, the party waiving their rights is really only waiving the right to claim damgaes for breach of contract, or to terminate for breah where applicable.

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.

The case in question, Ivey v Genting [2017] UKSC 67, decided on 25th October 2017, did not concern dishonesty in the contexts where it might normally arise, e.g. the criminal law, dishonest assistance in breach of trust or a fraud claim, but in the context of a conceded contractual implied term in a gaming contract that the gambler would not «cheat» at the card game of Punto Banco.

Obtained a defense verdict on a breach of contract claim, and summary judgment on thirteen other counts in a case where the plaintiff sought $ 400 million.

This is illustrated in Gichuru v. Smith, 2010 BCCA 35, a case where a plaintiff, upon having his articling student employment with a law firm terminated, sued a law corporation and its principal for breach of fiduciary duty and contract, seeking compensatory and punitive damages.

But the burden which lies on the defendant of proving that the plaintiff has failed in his duty to mitigate is by no means a light one, for this is a case where a party already in breach of contract demands positive action from one who is often innocent of blame.

Our most common cases are small business breach of contract cases: cases where a business owner sues a client for nonpayment or a vendor for delivering goods that weren't to specification.

It seems to me strongly arguable that in the circumstances of a case such as this, where the employer discovers that the employee has been in serious breach of duty and in breach of good faith, and then discovers that the employee is tied effectively to a rival already... then the employer has, even if he keeps the contract alive, no obligation to provide work; that obligation to provide work being interdependent with the obligation of the employee to act loyally.»

Considering the case law, the Court concluded that negotiating damages can be awarded for breach of contract where the loss suffered by the claimant is appropriately measured by reference to the economic value of the right which has been breached, considered as an asset.

Normally, contracts have a Liability / Indemnification provision where the Parties agree what kind of liability applies in case of contractual breaches.

That is not so in the case of breach of contract claims, where it is the SGP which applies.