Sentences with phrase «cause for breach of contract»

The Court of Appeal assessed whether the action contained a cause for breach of contract, negligence or misrepresentation.

Not exact matches

«Today's ruling is a major milestone in our efforts to recover damages for our investors,» said James Dondero, co-founder and president of Highland Capital Management, L.P. «We are pleased the appellate court recognized the harm caused to our investors by Credit Suisse's fraud and breaches of contract.»

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

Former Louisville coach Rick Pitino is suing the school for breach of contract, seeking damages of $ 38.7 million, wanting to be paid the remainder of his contract for being fired without cause.

The agreement was terminated some time ago under just cause due to a breach of contract, with DMI granted a sell - off period for any remaining stock.

He got more than just a mere refund — he received additional compensation for his distress and frustration caused by Swans Tours» breach of contract.

Accordingly, it appears that where damage to reputation, of a sort that would not give a right to recovery in defamation, has been caused by a breach of contract, damages for that breach should be recoverable.

By: Whitten and Lublin Category: Breach of Policy, Cause for Dismissal, Employment Contracts, Employment Law Advice, In the Media, Resignation, Wrongful Dismissal No Comments

[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.

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As you will see when you read the judgment below the wife was allowed to come back after the husband who had breached the contract, caused her financial distress and forced her to hire lawyers to seek a higher amount of support than she had originally bargained for.

A party is not entitled to enjoin the breach of a contract by another, unless he himself has performed what the contract requires of him so far as possible; if he himself is in default or has given cause for nonperformance by defendant, he has no standing in equity... Having committed the first breach, the general rule is that a material breach of the Agreement allows the non-breaching party to treat the breach as a discharge of his contract liability.

For example, generally, actions against the state of Ohio or one of its agencies for failure to make a distribution or payment must be brought within five years of when the action accrued and an action for breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accruFor example, generally, actions against the state of Ohio or one of its agencies for failure to make a distribution or payment must be brought within five years of when the action accrued and an action for breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrufor failure to make a distribution or payment must be brought within five years of when the action accrued and an action for breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrufor breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrufor the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrues.

The three cases involve five different alleged wrongs, raising possible causes of action for economic loss: inducing breach of contract (Mainstream), causing loss by unlawful means (Zeta - Jones) interference with contractual relations (OBG); breach of confidence (Zeta - Jones) and conversion (OBG).

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

Following denial of future insurance proceeds to the plaintiffs because of the concealment and fraud provision of the subject policy, the insureds brought a cause of action for breach of contract, negligence, negligent infliction of emotional distress, unfair trade practices, and bad faith.

Our experience has shown that these construction, utility line and fire cases expand beyond a plaintiff asserting a tort cause of action, to include claims among the defendants for breach of contract and indemnification.

810 ILCS 5 / 2A -506 (1): An action for default under a lease contract, including breach of warranty or indemnity, must be comenced within 4 years after the cause of action accrued.

Recently he has particularly been involved in a shareholder unfair prejudice claim, a breach of contract claim in respect of a business in Dubai and a claim for unpaid invoices under a construction contract which involves allegations of interference with contract and conspiracy to cause harm.

However, Transocean has not appealed Justice Popplewell's decision on whether the day rates clause is a complete code, allowing the contractor to charge a rate regardless of whether the time needed for the repair has been caused by its own breach of contract.

Damages for mental distress can be claimed when the breach of contract by one party causes the other party an intangible injury, such as additional stress, anxiety, frustration, humiliation, and emotional or psychological distress.

«When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.»

We have extensive experience throughout Canada in construction - related litigation, including: improprieties in the bidding process; claims for construction liens; Performance and Labour and Material Payment Bond claims (primarily acting for surety); breach of trust; breach of construction contract claims; delays and liquidated damages claims; and problems caused by delays, damages, increases, substandard work, and debts guarantees.

However, the use of the expressions «at will» and «a right to terminate» must not obscure the reality that the employer's right to terminate an employee without cause is a breach of contract that carries with it consequences for the employer, both under statute and at common law.

The Jacksons had made a contract with Horizons for a family holiday and was entitled to recover damages not only for a breach of contract by Horizons, but for the discomfort and distress the breach of contract had caused him.

Given that he had booked the holiday for him and his family, Mr Jackson was entitled to also recover damages for the distress and discomfort the breach of contract caused to his wife and children.

loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

«A contract breaker is not in general liable for any distress, frustration, anxiety, displeasure, vexation, tension or aggravation which his breach of contract may cause to the innocent party.

In the absence of a liability waiver, parties to a contract and liable for the damage that a breach of that contract causes the other party.

Unlike in tort, damages are not an essential element of a cause of action for breach of contract.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

If a staffing agency fails to do due diligence in their hiring processes and puts a worker who is unfit for employment or causes a threat to the employer, then the staffing agency may be liable for breach of contract claims.

Furthermore, Daring Education will not be liable for any damage caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of this site, whether for breach of contract, tortious behavior, or any other cause of action.

Harvard Associates, Ltd. v. Hayt, Hayt & Landau (238 A.D. 2d 378)- summary judgment to dismiss broker's claim for breach of contract denied where issue of fact exists as to whether or not broker was the procuring cause of re-negotiated lease; contract provision obligates the party to protect and preserve the broker's right to recover any earned commission from the owner.

Century 21 Volpe Realty v. Jhong Kim (231 A.D. 2d 667)- broker entitled to real estate commission where seller entered into a valid and enforceable contract for sale of property and then willfully breached the agreement, causing the failure of the transfer of title to the property; agreement satisfies statute of frauds.

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.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories

For a claim for justice, you need to work with a Florida real estate lawyer to pursue your claims for fraud, breach of contract, and other civil causes of actiFor a claim for justice, you need to work with a Florida real estate lawyer to pursue your claims for fraud, breach of contract, and other civil causes of actifor justice, you need to work with a Florida real estate lawyer to pursue your claims for fraud, breach of contract, and other civil causes of actifor fraud, breach of contract, and other civil causes of action.