Sentences with phrase «breach of written contract»

The lawsuit accuses him of «breach of written contract — confidentiality agreement» and «breach of fiduciary duty.»

Not exact matches

It would be the state's first legal test over whether a borrower can sue a bank for breach of contract after the lender rejected a loan revision when the borrower satisfied a government - supported mortgage - conversion program, the judge wrote.

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.

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.

Grahame - Smith, who unleashed the zombie mashup on the world with the surprise 2009 hit Pride and Prejudice and Zombies, and went on to write the bestseller Abraham Lincoln: Vampire Hunter, is being taken to court by Hachette for 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.

In many cases, the remedies for a breach of contract are written right into the contract itself.

On Friday, June 20, 2014 at 3:44 PM, Kong Lin wrote: -------------- Do you handle Business Litigation / breach of contract?

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.

This letter is used to provide written notice to a person or organization that is in default or breach of contract.

The applicants also seek a declaration that a promise made in writing by Mr. McGuinty on September 11, 2003, is a contract with the CTF and that Mr. McGuinty is in breach of this contract or, in the alternative, that this promise was a negligent misrepresentation.

For example, instead of writing «Plaintiffs allege that defendant breached the contract,» or «The judge found that defendant violated the statute,» lawyers will bury the verbs allege and violated in abstract - noun phrases: «Plaintiffs make the allegation that defendant breached the contract,» and «The judge found that defendant was in violation of the statute.»

You want to provide written notice that a person or organization is in breach of contract.

Legal writing is replete with phrasal adjectives like breach - of - contract claims, personal - injury lawyer, subject - matter jurisdiction, civil - rights case, good - faith exception, attorney - client privilege, and work - product doctrine.

I am worried that even if I can legally write a contract and negotiate with somebody to sign it, It will be more expensive to sue for breach of contract than what I will get if I win the lawsuit.

The enactment of Senate Bill 224 shortens the time period a litigant has to file a lawsuit for a breach based on a written contract.

Say you are writing code in Croatia and your client back in the States tries to sue you for breach of contract, your personal assets would be on the line.

The trial judge, and later the New Brunswick Court of Appeal, erred by failing to apply the first test for constructive dismissal, which is whether the employer's action constitutes a breach of the employment contract, Wagner wrote.

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.

At trial, the plaintiff presents the written contract as real evidence of the agreement she and the defendant made and that the defendant breached when he didn't have the cash for the plaintiff on September 20 as stated.

These implied terms of the employment contract can be modified through clear, unambiguous written wording that is legally sound, provided that such modifications do not breach statutorily imposed minimum standards.

Electron wanted the deal to include language limiting Electron's liability for third - party intellectual property claims and maintaining their right to sue Morgan Stanley in the event of a contract breach, writes Kathryn Rubino.

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.

Justice Glithero found that the termination clause breached the ESA writing «[b] oth Machtinger at para. 26 and s. 5 (1) of the ESA make any provisions that attempt to contract out of minimum employment standards, by providing for lesser benefits than those legislated as minimums, «null and void»».

The case also illustrates how vital getting documents into evidence in breach of contract cases and the paramount importance of clear prevailing party fee provisions in written agreements.

(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.

Chapter 1: Introduction Chapter 2: Promises that Will Be Enforced Chapter 3: Third - Party Beneficiary Contracts Chapter 4: Making an Enforceable Contract Chapter 5: The Requirement of Writing Chapter 6: Remedies for Breach of Contract Chapter 7: Performance, Non-Performance and Excuses Chapter 8: Interpretation and Risk Allocation Chapter 9: The Control of Contract Power Chapter 10: Illegal Contracts

A very common mistake is with a commercial or contract dispute is to assume that, having a contract in writing is the whole story and that, if the other party does not stick to the written contract, you will almost certainly succeed with a breach of contract claim.

March 2000 - Bench Trial (5 days) Court: Los Angeles County Superior Court (Hon. Joseph R. Kalin) Case: Breach of Written Employment Contract for Chief Financial Officer Role: Lead Trial Attorney Verdict: Plaintiff (fraud claims and individuals dismissed before trial)

«FF's Complaint is largely a copy of its arbitration demand against the individual employees and is simply a restyled version of the breach of contract claim asserted against the Former Employees,» EVelozcity wrote.

He writes on legal issues in the work - place, including redundancy, unfair dismissal, breach of contract and discrimination.

The statute of limitations of breach of contract ran out this past December; I want to know can I write off the loss as uncollectible business debt this year, and could it carry over into future years?

From what you wrote above «if there is a listing out there offering $ 500 for example I will not be showing it to a buyer» this is immoral, against your duties as a buyer's agent, and potentially a breach of your contract (assuming one was in place) with the buyer's that you represent.

«In my view the plantiff's claim discloses a cause of action in breach of contract against the defendants,» wrote Justice Campbell.

Brokers v. Gamaldi (190 A.D. 2d 709) absence of written agreement does not preclude recovery of damages by licensed broker for breach of contract or for quantum meruit (Gen. Ob.

Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-; broker engaged as exclusive buyer's agent; broker may proceed both on breach of contract and quasi-contract theories where there is a bona fide dispute as to the existence of a contract or the contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance of a written agreement; broker negotiated lease terms for principal with a third party which principal used to negotiate their own lease terms with their current landlord.

Without knowing how the note was written, it is hard to say whether it was a breach of contract.