Sentences with phrase «breaches of contract which»

The former concern breaches of contract which occurred during the term of the franchise agreement.

For example the defendants in my 12 November post who refused to pay $ 37 million dollars or anything like it for damages they believed did not exist, for a breach of contract which they denied.

Successfully defended a claim for unfair dismissal and breach of contract which involved complex jurisdictional questions (Cyprus, Scotland, England).

Ian Weatherall, a partner at Wragge & Co, explains that for a contractual payment provision to amount to a penalty, it must provide for payment upon breach of contract which is «extravagant and unconscionable in amount» when compared with the prospective loss.

Not exact matches

The suit comes weeks after Oracle filed its own lawsuit against the state in which it accuses officials of breach of contract.

The chain is in the middle of a legal battle with Macy's, which sued media and merchandising company Martha Stewart Living Omnimedia for breaching an exclusive contract when Martha Stewart signed a deal with Penney in December 2011 to open shops at most of its stores this spring.

Other legal fights related to Uber include its battle with self - driving car company Waymo, which is suing Uber for allegedly stealing trade secrets, and a lawsuit filed by investor Benchmark against former chief executive officer Travis Kalanick claiming breach of contract.

The DOL disagreed with the assertion that the rule creates a new private right to sue, «arguing that the applicable cause of action is breach of contract, which already exists under state law,» said Erin Sweeney, counsel at Miller & Chevalier, who has also served as senior benefit law specialist at DOL.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

«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.»

Chelsea, as per the Express, would claim breach of contract against Costa, who is the club's second highest earner with his current deal, which still has two years left to run, earning him # 185,000 - a-week.

One season with AC Milan was followed by a short spell with Real Betis, which was blighted by legal battles as the midfielder sued the club for breach of contract.

The party confirmed it had received a «letter before action» from Rennard's lawyers, which raises the prospect of making three senior party figures personally liable for damages for a breach of contract.

By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third party.

XBIZ — May 18 — Friendfinder (Various Inc) filed suit against affiliate managers, Jack Mardack and Sean Barrett for breach of contract, misappropriation of trade secrets and defamation, among other charges, after they left the company and formed Profit Lab, which does consulting work for competitor Sex Search.

The unanimous decision, which marked the first time the high court had heard a case on the subject, clears the way for Laramie County School District No. 1 to pursue its $ 200,000 negligence and breach - of - contract claim against the architects of a school that began to crumble less than 10 years after it was built.

«It's a breach of their contract, which says they will not engage in this type of activity.

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.

The Author's Guild attacked Amazon after the Kindle Lending Library was announced, claiming that the program (in which Amazon actually purchases a copy of the book at cost to itself) «appears to be boldly breaching its contracts with these publishers.

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.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

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.

On February 5, 2009, the landlord of our premises located at 349 Oyster Point Boulevard, South San Francisco, California filed a complaint against us in the Superior Court of California for the County of San Mateo alleging breach of contract and termination of our lease, seeking a writ of attachment and a temporary protective order, for which a hearing was held on February 6, 2009.

A buyer injured by a violation of this Part or by a credit repair services organization's breach of contract subject to this Part may maintain an action in a court of competent jurisdiction for recovery of actual damages plus costs of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount of recovery.

(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.

The same applies in case of breach of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, to the extent such breach was unintentionally Design Hotels ™ liability shall be limited to typical damages foreseeable under the contract.

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.

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.

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.

What are the potential legal ramifications of ceasing work on a web development contract which had no voluntary early termination clause, but which I believe the Client to be in breach of?

The complaint accused the former employee of breach of contract, which set off alternating counter suits that ranged from failure to meet fiduciary responsibilities to libel to fraud.

If not, was it nevertheless a part of a course of conduct comprising several acts and omissions which, viewed cumulatively, amounted to a repudiatory breach of the employee's contract by showing that all trust and confidence had been destroyed?

In broad terms, a tort is a civil wrong, other than a breach of contract, for which the judicial system or court is used to provide a remedy in the form of a required action for damages.

Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.

His duty can be so explained, for a doctor can be sued for breach of an express or implied term of contract, which binds him to use due care.

Mr. Goldberg rounded out his big firm experience at Dentons, during which he won his third jury trial, successfully defending claims for, among others, breach of contract, fraud, conspiracy, defamation, and tortious interference with contract and prospective economic advantage (Bogage v. Display Group 21).

Notices which relate to various business transactions including notices of breach of contract, acceptance of order, rejection of goods, notice of past due payment and more.

Parties contracting under Chinese law can include a negotiated termination clause, and / or be permitted to terminate on breach of a «main obligation» of the contract which is not rectified within a reasonable time.

Of wage & hours, contract breach, performance management, disciplinary, redundancy or maternity issues, which incites the most disputes in businesses and why do you think this is?

Practitioners are familiar with the concept of constructive dismissal: the employer commits a repudiatory breach of the employment contract, in response to which the employee resigns.

This is a breach of contract, and not a fraud, unless you can prove that they had no intent of refunding your money when they told you it was refundable, which would cost thousands of dollars to do, even if you could manage to prove it.

«If works which are reasonably necessary and are done to a reasonable standard are carried out under a Partnering Agreement Camden will be able to meet criticism regarding the level of expense by pointing out that Camden is already contractually bound to the Partner and had to place the works with the Partner at the contract rate provided for in the Partnering Agreement, and therefore the costs were indeed reasonably incurred because, even if the works could reasonably have been expected to have been done significantly cheaper by other competent contractors, Camden would be in breach of contract by giving the works to anyone other than the Partner.»

Moore - Bick LJ, giving the leading judgment identified the primary issue as being «whether a person who suffers damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, but which would not otherwise have been made, can recover damages at large».

A U.S. court would allow a lawsuit to go forward in its courts if one of two main exceptions apply (there are other exceptions which are controversial and much less common and inapplicable on the facts of this question): (1) there is a breach of contract duly authorized by the national government, or (2) the liability arises from the non-governmental «commercial activities» of a governmental entity owned by the national government but not truly a part of it.

Making such a unilateral change amounts to a breach of contract, known as a constructive dismissal, which is a claim against your employer for severance pay even though you were not formally fired.

The courts have described a repudiatory breach as one which «goes to the root of the contract» and which «deprives the innocent party substantially of the whole benefit of the contract» (Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26).

The basic test comes down to the simple, if not obvious one of deciding what is the real purpose of the contract, the true benefit intended to be obtained by the injured party, the extent to which the misperformance by the defendant goes beyond falling short of what was desired by the victim of the breach and involves the complete denial to him of any benefit from the performance that was provided.

On February 14, 2018, the Ontario Court of Appeal allowed an appeal in Cana International Distributing Inc. v. Standard Innovation Corporation, 2018 ONCA 145, which involved an alleged breach of a contract for, among other things, the exclusive distribution rights in retail shops, drug stores and sex toy retail outlet stores regarding a sex toy called «We - Vibe».