If they did sign the contract, and it is legally binding, aren't they in
breach of contract if they don't close on the 2nd?
Taking a more academic approach, professors Stephen Bainbridge and Larry Ribstein in respective posts here and here suggest that expelling partners like Mayer did isn't
a breach of contract if the firm's partnership agreement had a «guillotine» provision allowing it to cut partners at any time without cause.
This may be done in addition to or in parallel with allegations of
breach of contract if an NDA, or contract is also involved.
In this case, the employer will be in
breach of contract if it fails to follow the procedure and the employee may claim damages accordingly.
If the European company didn't know what you were doing, it's quite possible that you would be in
breach of contract if you look at the contracts that you have with them.
(and would this result in
breach of contract if attending the meeting was required?)
(possibly even to avoid
breach of contract if attending to the meeting was required and not merely requested)
For example, in an UK - USA route, it could be that the USA would fine the company if it allows boarding people without the proper documents, while the UK would fine the company for
breach of contract if they do not allow those same passengers to board.
Not exact matches
If there is a silver lining in the March 14 Eastern District
of Virginia filing, it's that RBC is being sued for fraud only, while several other institutions, including Bank
of America, Deutsche Bank and Barclays, are being sued for fraud and
breach of contract.
If you can prove there was a
breach of contract or deceptive practices, you could have a chance
of convincing a judge to discharge your student loans.
The same shall apply
if the Shipper refuses to provide information at Chit Chats Express's request
if Chit Chats Express has the suspicion that a Shipment contains Prohibited Goods or in case
of a suspicion about any other
breach of contract.
If they do, they could face serious legal consequences for
breach of contract.
If you decide to insure, EDC offers a full suite
of insurance products that can protect you against non-payment,
contract cancellation,
breach of contract, expropriation, currency restrictions, political violence and more.
And according to Shaolaine Loving, a Las Vegas attorney, you «will be entering a legally binding
contract allowing [the lender] to sue
if [you]
breach any
of the repayment term.»
«Whenever... preachers, instead
of a lesson in religion, put [their congregation] off with a discourse on the Copernican system, on chemical affinities, on the construction
of government, or the characters or conduct
of those administering it, it is a
breach of contract, depriving their audience
of the kind
of service for which they are salaried, and giving them, instead
of it, what they did not want, or,
if wanted, would rather seek from better sources in that particular art
of science.»
The franchise oversight board that Megna heads has the legal authority to take over NYRA's franchise
if there are major
breaches of the exclusive
contract NYRA has to run Aqueduct Racetrack, Belmont Park, and Saratoga.
Now, the board is conducting a review into whether or not Standard Amusements are
breaching their end
of the
contract, the findings will be presented to the current County Executive, George Latimer, who can end the agreement
if he sees fit.
President
of the Rockland County CSEA P.T. Thomas warned the legislature during their November 21 public hearing on the budget that
if the county
breached union
contracts by eliminating positions that had been contractually excluded from layoffs, the CSEA would take legal action.
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.
Loss or damage is foreseeable
if they were an obvious consequence
of ELITESINGLES «
breach or
if they were contemplated by the customer and ELITESINGLES at the time the parties entered into the
contract.
Constructive unfair and / or wrongful dismissal would be
if the school's failure to protect the teacher from abuse amounts to a fundamental
breach of contract and the teacher resigns in response.
If you don't, you're in
breach of contract.
In this case, that's pretty easy to prove:
If Ellora's Cave
breached its
contract with Ann Jacobs by failing to timely pay royalties, that is a question
of fact that is common between this action and the DA v. EC dispute.
If a publisher can
breach a
contract at anytime due to the enhancement and refining
of current technology or meeting the needs
of the majority
of students it could signal game over for the company.
As it looks now (per court documents, all
of which can be accessed via PACER), even
if the motion is successful, and / or Penguin / ASI gets the class allegations tossed, the
breach of contract claim against ASI will go forward.
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.
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.
If you default on private student loan debt, your lender has that ability to take action against you for
breach of contract.
Therefore
if they don't, or
if they are in
breach of contract, this could lead to a debt being legally uncollectible, in which you don't have to pay it.
A
breach of peace also may give you a legal defense
if your creditor sues you to collect a «deficiency judgment» — that is, the difference between what you owe on the
contract (plus repossession and sale expenses) and what your creditor gets from the resale
of your vehicle.
If you move out abruptly after getting into a fight with your roommate or partner, and you refuse to cough up your half for joint expenses, the other person must come up with the cash or else risk an eviction,
breach of contract lawsuit, or foreclosure.
--(1)
If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect
of a misrepresentation or
breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
75A -(1)
If the debtor under a linked credit agreement has a claim against the supplier in respect
of a
breach of contract the debtor may pursue that claim against the creditor where any
of the conditions in subsection (2) are met.
If proper care, training and housing are not provided for this dog, or if there is any sign of neglect, abuse or breach of this contract, Rhodesian Ridgeback Rescue has the right to reclaim said do
If proper care, training and housing are not provided for this dog, or
if there is any sign of neglect, abuse or breach of this contract, Rhodesian Ridgeback Rescue has the right to reclaim said do
if there is any sign
of neglect, abuse or
breach of this
contract, Rhodesian Ridgeback Rescue has the right to reclaim said dog.
(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.
You agree that,
if the terms
of these Terms
of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof
of damages, to appropriate equitable remedies with respect to any
breach (es) or threatened
breaches of these Terms, in addition to any other available remedies under
contract, at law or in equity.
No refunds will be issued
if any
breach in
contract results in a repossession
of the dog.
Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages
of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance
of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use
of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security
breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even
if foreseeable or even
if the sites or Chopra parties have been advised
of or should have known
of the possibility
of such damages, whether in an action
of contract, negligence, strict liability or tort.
(5) Please note, we can not accept any liability for any damage, loss, expense or other sum (s)
of any nature or description (a) which on the basis
of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur
if we
breached our
contract with you or (b) which did not result from any
breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.
If it is found that there are just students in the unit or that you are having a party in the unit, you will be in
breach of contract and may be evicted without a refund.
6.1 Subject to clause 6.3,
if we fail to comply with these terms and conditions, we shall only be liable to you for the price
of the Booking and, subject to clause 6.2, any losses that you suffer as a result
of our failure to comply (whether arising in
contract, tort (including negligence),
breach of statutory duty or otherwise) which are a foreseeable consequence
of such failure.
I suppose there could be
breach of contract and
if a media outlet wanted to they could sue the fired reporter or something.
They would also appear to be in
breach of contract, which by the way doesn't rely on registration to be valid — it just isn't an AWA
if not registered.
For the avoidance
of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale
of electric energy and capacity, including, without limitation, any
of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments,
contracts (other than the power purchase agreement) or other dispositions
of or related to the Wind Energy Project (such as damages for
breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result
of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale
of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any
of which are allocated to Grantee,
if applicable, through its participation in any voluntary registry, association or market - based exchange.
But,
if the exact harm to the other party from impairing their absolute discretion or ignoring a strict reading
of the
contract and instead allowing an implied reasonableness term to color the meaning
of the
contract is material but is hard to quantify, and the consequences to the
breaching party are crudely proportionate to that hard to quantify harm, then a waiver
of the implied duty to be reasonable will usually be upheld as valid, as the consequences
of not allowing reasonableness do not extend beyond the compensatory relief normally allowed in a
contract.
If the agreement were that you must pay the remainder by Dec 15 and immediately take possession (else pay $ 50 / month for boarding — there has to be some reasonable interpretation
of what any «per month» charge would be about), a declaration that you could not make final payment by the specific date could (remotely) constitute anticipatory
breach of the
contract.
If one or more apply, you can likely escape the
contract without facing
breach of contract charges.
If one party fails to carry out their side
of the
contract, then said party is in
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.
If the
contract underlying the publication says «don't post the version
of record», then it is a
breach of contract to post a part
of the version
of record.