Sentences with phrase «breaching party»
The phrase "breaching party" refers to a group or person who breaks or violates rules, contracts, or agreements intentionally. They disregard boundaries or agreements that were previously established. Full definition
The group was cleared by an internal Labour investigation of breaching party rules on donating to political opponents, after they assured the party the payments had been made in line with advice from the Electoral Commission.
politics.co.uk
A member of the New Patriotic Party's Council of Elders Boniface Gambilla has revealed that the party's General Secretary Kwabena Agyepong will be the next to be expelled after party chairman Paul Afoko is suspended for breaching party rules.
«We will not want to go into the details so that we will not breach the party's directive or pre-empt the outcome of the party's probe.»
Lord Rennard is appealing against the decision to suspend him for not apologising, while the women are appealing against the independent report that found Lord Rennard hadn't actually breached party rules.
The party in a letter confirming their suspension said the two candidates breached party's regulations by their acts of insubordination during the November primaries that elected them.
According to the petition, any activity taken within the purported meeting was to no effect because it clearly breached the party's constitution.
there was a serious breach by the mediator of standards applicable to the mediator or the mediation, without which breach that party would not have entered into the settlement agreement; or
Plaintiff Sky Angel U.S. LLC — a former satellite distributor — had alleged that Discovery breached the parties» Affiliation Agreement when it terminated the Agreement in 2010 after becoming aware that Sky Angel was utilizing the public Internet to distribute Discovery's programming.
«What [waiver of tort] essentially involves is measuring the damages payable to a plaintiff not by the injury that they sustained, but rather by the profit made by the tortfeasor, or other breaching party — because it's not even clear whether there has to be a tort — as a result of the injury,» he tells Legal Feeds.
Christian former Cabinet minister Stephen Crabb has been cleared - along with a second Conservative MP - of breaching party rules following investigations into allegations of inappropriate conduct.
The group, which is said to be the brain child of the embattled national chairman, was not happy at a purported letter signed by five members of the NPP Council of Elders which accused Mr. Paul Afoko of breaching the party's constitution.
According to the two plaintiffs, Nana Yaw Ntim and Christian Joseph, Mr. Ahenkorah was not eligible to contest the primary in Tema West because the NPP had announced prior to the primary, that non-Ga indigenes were not to contest in Ga areas, hence Mr. Ahenkorah who is not a Ga, had breached the party's regulations.
According to the judge, Justice Sir Dennis Adjei, the National Disciplinary Committee of the NPP, has jurisdiction to hear and punish anyone found to have breached the party's rules.
Mr. Hoezame sued the leadership of the party at the High Court for breaching the party's constitution.
Negotiations with the breaching party or the party that is accusing you of breach of contract is an effective method.
The work has been performed, the duty to pay has been breached, and the breaching party could be sued for non-payment.
If so, is there a way for the breaching party to end up with a right to terminate?
The majority rule is that damages is not an element of a suit for breach of contract, so even if you suffer no economic harm, you can sue the breaching party for $ 1 of nominal damages.
It would then be in their interest to terminate performance and sue the breaching party for damages, as then their obligation to deliver those accessories would cease while the amount they can sue for remains unchanged.
It also holds that a contractual clause limiting liability is unenforceable even where the breaching party did not commit a criminal act or egregious fraud....
Some, however, are willful breaches of contract, when the breaching party decides that failing to perform would be more advantageous than performing under the contract.
Remedies for breach of contract are designed to compensate the non-breaching party, not to punish the breaching party.
Unilaterally breaching the terms of an employment contract — including unwritten terms — will land the breaching party in hot water, regardless of external circumstances such as a declining economy.
If it's approved in its entirety, it's enforceable in its entirety by seeking to have a breaching party held in contempt of court for whatever provision he or she might be in breach of.
The party seeking to enforce the agreement asks the court to have the breaching party held in contempt of court for failure to comply with a judicially approved settlement agreement and order.
Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the contract provides explicitly for automatic termination at the expiry of the remedy period, or that they take a positive step at the end of the period to inform the breaching party that the contract has been terminated — failing which they may still be obligated under it.
To avoid any doubt, even where the contract specifically provides for automatic termination on the expiration of the remedy period, it may be advisable for the innocent party to inform the breaching party of termination without prejudice to its position that the contract has terminated automatically.
If the breaching party fails to remedy, the innocent party may be entitled to terminate the contract.
Where there has (or may have been) such delay in the conduct of proceedings as to breach a party's right to trial within a reasonable time, but where the fairness of the trial has not been or will not be compromised, such delay does not give rise to a continuing breach which can not be cured save by a discontinuation of proceedings.
These sanctions include making an award of expenses against the breaching party, modifying the expenses awarded, making awards relating to the interest payable or sisting / freezing the court action so that the protocol can be complied with.
If the existing parenting order has been breached the parties should try and resolve the dispute by attending dispute resolution.
Occasionally, a provision providing that the breaching party pays the nonbreaching party's attorney's fees can move the breaching party to honor the contract.
After the sales agreement is in place, failure of a party to perform a mandatory obligation (like giving a deposit) under the contract is considered a breach of contract; a breaching party can be sued for damages under Florida law (of course, most residential real estate contracts contain provisions which set forth the type of relief a party can seek when one party is in default of the contract).