Sentences with phrase «contractual basis for claiming»

Those guidelines urge relocation companies not to seek after - the - fact fees unless they can show a contractual basis for claiming the compensation.

Not exact matches

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not otheFor example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not othefor an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not othefor failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

Acted for individual First Nation band members with respect to whether a claim for intentional interference with contractual relations could be defended on the basis of treaty rights.

The subsequent letter, headed «without prejudice» and dated 25 January 2007, offered to fully satisfy the claim for outstanding contractual sick pay but on the basis that Brodie immediately terminate her employment.

She explained the Supreme Court's decision, where the Court unanimously concluded that implied certification is a basis for FCA liability provided that (1) the claim does not merely request payment but also makes specific representations about the goods or services provided and (2) the submitter's failure to disclose noncompliance with material statutory, regulatory, or contractual requirements makes those representations misleading half - truths.

These attempts generally fail in Virginia because a claimant must allege a basis for a fraud claim that arises outside the context of a contractual duty.

For example, a claim may be based on a contractual debt that was not repaid, or allege that the defendant was negligent when driving, which caused you injury by a collision.

An insurer's exercise of a contractual right to settle can not form the basis for a negligence or breach of the implied covenant of good faith and fair dealing claim against the insurer; and

Although the extent of damages for claims with a contractual basis is unclear, in theory, far more people could decide to take legal action because they wouldn't need to prove they had developed pleural plaques to sue for contractual damages.

The range of legal issues I am grappling with on a daily basis includes contractual matters for the business (which at the time of writing has 59 trading clubs), advice to the shareholders, licensing issues, data protection issues, IP portfolio maintenance and public liability insurance claims.

The motion judge made several key findings of fact: (i) there was no evidence the appellant's fall was caused by any defect in or lack of repair affecting the premises or any hazardous conditions associated with the premises themselves; (ii) there was no dispute the appellant was performing the renovation work for valuable consideration; (iii) there was no basis for a contractual claim that the respondents had failed to furnish the appellant with safety equipment; (iv) there was no evidence the appellant was inexperienced in performing roofing work or working at heights; and (v) the evidence did not support a finding that the respondents were aware the appellant lacked the necessary experience to carry out the project.