Sentences with phrase «breach of the contract between»

«By requiring bank customers to divulge their confidential access codes and passwords, Mint.com is inducing breach of contract between Scotiabank and its banking customers,» said Scotia's Joe Konecny.

The suit states that the sale is a breach of contract between DIA and its founders, noting that the works were acquired directly from the artists, at below - maker prices, on the condition that the works would never be sold to private collectors and thus never enter the market.

Chair of the Tribunal in UNCITRAL Case (international) involving breach of contract between bio-tech companies

If a party is in breach of the contract between them, the other party may have a number of remedies.

The judge said that the veracity of the memoir was not an issue in the earlier court battle, which he said was instead about breaches of contract between the authors and the publisher.

Not exact matches

This workshop will provide you with the knowledge to: - understand what an essential condition is - be able to differentiate between a condition or warranty - know what to do when there is a breach of a condition or warranty - understand why any condition in a contract must be fair and reasonable

Qualcomm filed a breach of contract lawsuit late Tuesday against four Taiwanese contract manufacturers that build iPhones and iPads for Apple — the latest salvo in an escalating war between two tech giants over patent royalties.

But it would seem to me that there should be an explicit recognition that unfaithfulness was a breach of the marriage contract between same - sex couples, just as it is for opposite - sex ones.

APSCo's education code of conduct was developed in conjunction with NAHT and states that our members «shall not misrepresent pay rates, contract terms, assignment duration or other subjects relevant to the relationship between the member, the client and the candidate» and shall not «unfairly prevent a candidate from pursuing other opportunities, nor will they induce candidates to breach or improperly interfere with a contractual relationship with a client».

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.

But, as I read it, Cengage charged Kno with breach of contract, gave Kno 30 days to remedy the breach (which I suspect is specified in the contract between the two companies), and when Kno didn't remedy the breach by the end of 30 days, cancelled the contract.

I had mixed feelings about the ending of MY SISTER»S KEEPER, but at the end of the day, I'm with Donald Maass: there's a line between breaching the contract and providing the unexpected, and the writer needs to stay on the right side of that line, or else you may not have broken the reader's trust, but you may have disappointed them nonetheless.

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.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

Unfortunately, relations between the Weirs and Oak Leaf Conservatories broke down and Oak Leaf commenced proceedings against the Weirs in the Technology and Construction Court in London for breaching the terms of their contract resulting in the contract coming to an end.

Obtained summary judgment in client's favor on breach of contract claim involving a disputed loan between members of a family business.

Mediated dispute between author and media company giving rise to claims to breach of contract, promissory estoppel, fraudulent inducement and negligent misrepresentation

Special master under FRCP 53 (a)(1)(c) appointed to decide 14 motions in limine in anticipation of trial of action between competitors for damages for unfair competition and breach of contract

Dispute between two leading US based management consultancies over a team move in Dubai (UAE): High Court claim in England based entirely on UAE law, including alleged breaches of contract (governed by UAE law) article 64 of the Commercial Transactions Code, articles 120 and 127 of the UAE Labor Law, articles 246 and 282 of the Civil Transactions code.

Mediated breach of contract claim between a commercial bakery and food broker relating to the distribution of certain food products and fees due

They apparently saw enough similarities between the two to allow Grosso to establish his claim against Miramax for breach of contract.

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.

Actions for breach of contract can be against vendors, clients, employees, former employees, employers, real estate or business partners, or any other entity where a contract exists between a business and another person or entity or between participants in a business.

Arbitrated breach of contract and theft of trade secrets case between U.S. auto parts manufacturer and it's Chinese joint venture partner

In his ruling in Bertico Inc. v. Dunkin' Brands Canada Ltd., Tingley found in favour of Dunkin' Donuts» former franchisees, who were suing the franchisor for incompetence, negligence, lack of support and assistance, as well as flagrant breach of the contract entered into between the franchisor and its franchisees.

Some of his readers mention that York has a disclaimer for class interruptions that may prevent claims for breach of contract, but others note the inequality of bargaining power between unsophisticated student parties.

● Both the Court of Appeal and House of Lords went further to point out a distinction between breaches of contract arising during the employment relationship and the manner of termination of that relationship.

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.

Disagreements between partners and shareholders, allegations of business fraud, a breach of contract or fiduciary duty, theft of intellectual property — these are issues that can send co-owners and competitors to the courtroom for complex commercial litigation.

Our litigation experience and capability ranges from complex litigation spanning multiple jurisdictions to simple breach of contract matters, and everything in between.

Sole arbitrator in breach of contract claim between a professional sports agency and a hockey player

Any dispute between us relating to our representation of you, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and / or costs charged shall be submitted to binding arbitration through the Cincinnati Bar Association, upon the written request of one party after the service of that request on the other party.

Mediated a breach of contract dispute between a national hospitality chain and accounting software consultants

It is the failure to provide proper severance that is the wrongful act, in that such a result represents a breach of the employment contract between employee and employer.

Re: DP Shipbuilding and Engineering (2015): instructed to advise and provide expert evidence in relation to right to restrain a beneficiary under a performance guarantee given in connection with a shipbuilding contract from seeking payment by the bank where to do so would be in breach of the underlying contract between buyer and seller.

A significant component of our litigation portfolio consists of breach - of - contract disputes between businesses and representation of creditors of all types in avoidance action litigation, including preference, fraudulent conveyance, and other lender - liability actions.

(a) that the Claimants contracted with the Defendants to purchase package holidays at the Club Aguamar Hotel and stayed at the Club Aguamar Hotel between the dates set out in the schedule to the order, and (b) that the Claimants suffered gastric or other illness of various durations, and / or personal injury, and / or distress, inconvenience, loss and damage as a result of improper performance of the provision of services under the holiday contract, in respect of which the Claimants hold the Defendant liable (i) under the Package Travel, Package Holidays and Package Tours Regulations 1992, and / or (ii) by reason of breaches of the said contracts of various dates for the provision of holidays, made in writing, and within the jurisdiction of this Court, and / or (iii) by reason of the Defendant's negligence during the said period, and / or (iv) by reason of the Defendant's misrepresentations made on various dates and inducung the Claimants to enter the said contracts for the provision of holidays.

In addition to counseling and drafting agreements, we have deep and broad experience litigating and arbitrating disputes between manufacturers and their distributors, dealers and sales agents, including breach of contract claims and claims based on state franchise and dealer protection statutes.

Pain, suffering and loss of amenity and / or diminution in value and / or loss of enjoyment of holidays and / or losses and expenses sustained by them during their stays at the Hotel Torremolinos Beach Club Hotel between October 2000 and July 2002 as a result of the Defendants» alleged breach of contracts, the Defendants» and / or suppliers of other services failure to properly perform their obligations to the Claimants in accordance with the Package Travel, Package Holidays and Package Tours regulations 1992.

Brown v. Belleville (City) 2013 ONCA 148 Contracts — Performance or breach — Repudiation — What constitutes acceptance of repudiation Under an agreement entered into in 1953 between a municipality and Sills, the municipality agreed to perpetually maintain and repair part of a storm sewer drainage system on and near Sills» lands.

As it was part of contract that tracking software should be implemented in order to get proper counts of downloaders which certainly haven't been done by the defendant so there is a clear breach of contract exists between them.

There is, for instance, nothing in the pleading that suggests that apart from the alleged breach of fiduciary duty that Mr. Epstein negligently drafted the documentation or failed to perform any services associated with the contract between Flirty Girl Fitness and Hottie Body Boutique.

An internet software expert was needed for a breach of contract case between an online software developer and an internet content provider.

This type of breach can take place in any type of contract whether it is between and employer

In our Mid Term exam we were given a question based on a short case study An internet software expert was needed for a breach of contract case between an online software developer and an internet...

This led to a distinction between so called «direct interference» (classic inducing breach of contract) and «indirect interference» (using unlawful means to prevent performance of another person's contracts) which underpins a number of important decisions such as Torquay Hotel v Cousins.

Post Edwards, Stewart Duffy & Alex Leslie address the tensions between breach of contract & unfair dismissal

Have mediated workplace, sexual harassment, and wrongful termination disputes between supervisors and employees; numerous EEO claims of discrimination and violations of the Americans with Disabilities Act; homeowner and neighborhood matters; insurance claims with respect to earthquake damage; bankruptcy and general business and breach of contract claims.

Be aware of how contract breaches can occur in the property listing agreement between the broker and the seller or in the sales contract between the buyer and the seller.