Sentences with phrase «breach of implied»

Thus, the court found a breach of an implied contract and awarded Buyer $ 15,600 in compensatory damages and $ 15,000 in punitive damages.

Therefore, the Brokerage did not represent the Clients in a fiduciary capacity and so there was no cause of action for breach of an implied fiduciary duty.

The Clients brought a lawsuit against the Brokerage claiming a breach of an implied fiduciary duty.

Where the trial judge did find liability was for the Province's breach of an implied representation that it was not aware of any First Nations expressing dissatisfaction with the consultation.

The causes of action included breach of contract, fraudulent and negligent misrepresentation, breach of fiduciary duty, breach of an implied covenant of good faith and fair dealing, unjust enrichment and breach of constructive trust.

An insurer's exercise of a contractual right to settle can not form the basis for a negligence or breach of the implied covenant of good faith and fair dealing claim against the insurer; and

In Bennett v Lenovo, the plaintiff alleged breach of contract, breach of the implied condition of merchantability, the tort of intrusion upon seclusion, and breach of provincial privacy laws as a result of the factory installation of an alleged adware program «Virtual Discovery» on certain Lenovo laptops.

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.»

On the other hand, if such damage is loss flowing from a breach of another implied term of the contract, Addis's case does not stand in the way.

Another way an employee can take himself outside the bounds of the normal rule would be to argue that his employer was in breach of the implied duty of trust and confidence.

The court held that the corporate respondent was in breach of the implied term of good faith, Mr. Hrynew had intentionally induced breach of contract, and the respondents were liable for civil conspiracy.

Bradshaw alleged Spurling were negligent, and in breach of an implied term to take reasonable care of the barrels because they had left them in the open air and the orange juice had spoiled.

[19] In Juman, Binnie J. wrote this about the range of available remedies for breach of the implied undertaking:

Morgan J had to grapple with a well - developed argument from MCD that the Solicitors» Costs Information and Client Care Code1999 and in particular para 6 of it which refers to solicitors updating the costs information as the matter progresses — which Withers did not do after 6 May 2005 — was an implied term in the contract of retainer between Withers and MCD, and that, in effect breach of the implied term would prevent them being able to recover their costs.

He also rejected the modified alternative submission by MCD that a breach of the implied term would entitle the client to sue for damages caused by the breach.

If an attorney is familiar with products liability defense in the Commonwealth and the elements of a breach of implied warranty claim, the question is not as difficult to answer as plaintiff's counsel might hope.

In the case of Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court held that the suspension of a teacher amounted to a breach of the implied term of mutual trust and confidence.

There is considerable disagreement among jurisdictions regarding whether a defendant may use defenses normally associated with negligence actions in claims for breach of implied warranties.

The open and obvious defense and contributory negligence are related, but the open and obvious defense focuses on the hazard itself rather than the actual conduct of the plaintiff.9 As noted above, a Virginia plaintiff can not recover for a breach of an implied warranty «if the purported defect of which the plaintiff complains was known, visible or obvious to him.»

On the facts of G's case, it was unreasonable and a breach of the implied term of mutual trust and confidence for the trust to refuse to adjourn its internal disciplinary processes until the CPS had decided whether to charge G with criminal offences.

Obtained favorable settlements for oil and gas operators and working interest owners in cases involving breach of gas contracts, gas balancing agreements, farmout agreements, breach of oil and gas leases, drainage, breach of implied covenants, and contractual claims.

Defending Caltech against allegations of retaliatory termination and breach of implied contract.

The franchisee's defences focused on estoppel by convention, breach of an implied term of good faith and infringement of competition law.

YESCO asserts claims for breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with economic relationships, and trademark in violation of the Lanham Act.

Ms Reilly was suspended and later summoned to a disciplinary meeting to answer an allegation that, in having failed to disclose her relationship with a man convicted of sexual offences towards children, she had committed a serious breach of an implied term in her contract of employment, which amounted to gross misconduct.

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).

Claims against C.R. Bard and Cook Medical include various forms of negligence, ranging from negligent misrepresentation and design defects, to breach of implied warranty.

«On appeal, the Ninth Circuit originally split the baby, holding for the studio on the copyright violation, but holding for Grosso on his state law claim of breach of implied contract.

Achieved dismissal of hostile work environment, retaliation and breach of implied contract claims, and dismissal of individual defendants (President and Vice President) in discrimination / harassments case, establishing law in our jurisdiction regarding personal liability of supervisors.

This exception, known as the breach of the implied covenant of good faith and fair dealing, prohibits an employer from terminating an employee who is paid on a commission basis for the purposes of preventing that employee from earning his or her commission that is about to become due.

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.

He sought to recover damages for breach of the implied term of trust and confidence.

On learning of the conviction and friendship, the local authority held a disciplinary hearing where it was decided that Reilly had committed a serious breach of an implied term of her contract of employment amounting to gross misconduct.

An injured spectator who has paid for a ticket can potentially sue an occupier for breach of the implied term that the seat sold to him will be safe.

Symmary: The appellant challenged a Swedish arbitral award, alleging that it had rightfully terminated the arbitration clause due to the counterparty's breach of an implied obligation of...

[16]... Damages for wrongful dismissal operate to compensate an employee for the employer's breach of the implied obligation in the employment contract to give reasonable notice of an intention to terminate the relationship in the absence of just cause.

Because the lighter was fit for its ordinary purpose of producing a flame, the Court found that it was merchantable, and thus, no claim for breach of the implied warranty of merchantability was cognizable against the manufacturer.

A breach commonly relied by claimants is a breach of the implied term of trust and confidence.

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).

Plaintiffs began filing lawsuits across the country claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn, design defects, manufacturing defects, breach of implied warranty and negligent misrepresentation on the part the companies and their subsidiaries.

This case involved Ms Kaur, a nurse, who argued that her employer's instigation, handling and outcome (a final written warning, upheld at internal appeal) of its disciplinary process following her altercation with a colleague, was unreasonable such that it amounted to a repudiatory breach of the implied term of mutual trust and confidence.

In the New York suit, Sperone Westwater asked the judge to make a declaratory judgment that the archive has no moral rights claims and also seeks damages «for the Defendants» injuries to the gallery's business and reputation,» on counts of breach of implied covenant of good faith and fair dealing, negligent misrepresentation, and interference with business relations.

In this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislation).

The allegations include breach of implied and express warranty, consumer and common law fraud, unjust enrichment, negligence, and strict products liability with defective design or manufacture and failure to warn.

Hunte is also charged with breach of implied and express warranties of merchantability for selling sick puppies.

Hunte is sued in particular for breach of the implied and express warranties of merchantability.

Michelle Hainley of Lancaster County filed a class action lawsuit Oct. 7 in U.S. District Court for the Eastern District of Pennsylvania, citing breach of implied warranty and breach of express warranty.

An employee who has been subjected to a continuing series of breaches of the implied duty of trust and confidence can rely on all of the employer's acts.

Their Paxil injury lawsuit is seeking damages for fraud, breaches of implied and express warranties, loss of consortium, intentional inflict of emotional trauma, failure to warn, negligence, design defect, and negligent misrepresentation.

The claimant had been constructively dismissed through the employer's antecedent breaches of the implied term of trust and confidence that had caused her illness and, in turn, reduced her earning capacity.