To succeed, it must be proved that a duty of care is owed by the defendant to the claimant, that the defendant has breached their duty of care, and that the claimant suffered
damage as a result of the breach, subject to reasonableness.
Wedlake Bell LLP, on behalf of Orientfield Holdings Limited, took on a claim in 2012 against Bird & Bird LLP for
damages as a result of breach of contract and negligence.
As a business, you also have a right to take action against a competitor if you feel you have suffered loss or
damage as a result of them breaching the ACL.
However, given the difficulty in assessing
damages as a result of breach of contract, Century 21 was granted a permanent injunction against Zoocasa.com.
Not exact matches
Under Delaware law, a director or officer who
breaches his duty
of loyalty should be required to compensate the company for any
damages that the company sustained
as a
result
In addition, four stockholder derivative lawsuits have been filed in California purportedly on behalf
of HP stockholders seeking to recover
damages for alleged
breach of fiduciary duty and to require HP to improve its corporate governance and internal control procedures
as a
result of the activities
of the leak investigation: Staehr v. Dunn, et al. was filed in Santa Clara County Superior Court on September 18, 2006; Worsham v. Dunn, et al. was filed in Santa Clara County Superior Court on September 14, 2006; Tansey v. Dunn, et al. was filed in Santa Clara County Superior Court on September 20, 2006; and Hall v. Dunn, et al. was filed in Santa Clara County Superior Court on September 25, 2006.
Actual
results may vary materially from those expressed or implied by forward - looking statements based on a number
of factors, including, without limitation: (1) risks related to the consummation
of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval
of the Merger Agreement, (c) the parties may fail to secure the termination or expiration
of any waiting period applicable under the HSR Act, (d) other conditions to the consummation
of the Merger under the Merger Agreement may not be satisfied, (e) all or part
of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering
damages for any
breach by Arby's; (2) the effects that any termination
of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee
of $ 74 million, or (c) the circumstances
of the termination, including the possible imposition
of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency
of the Merger may have on BWW and its business, including the risks that
as a
result (a) BWW's business, operating
results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect
of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome
of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A
of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016,
as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.
What
damages may a party seek for
breach of contract: the loss suffered
as a
result of reliance on the other or the loss
of the benefits that the contract promised?
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.
As a condition
of your use
of this website, you agree to indemnify Holistic Wellness and its affiliates from and against any and all liabilities, expenses (including legal fees) and
damages arising out
of claims
resulting from your use
of this website, including without limitation any claims alleging facts that, if true, would constitute a
breach by you
of these terms and conditions.
6.3 You agree to indemnify ELITESINGLES for any loss,
damage, cost or expense it may incur
as a
result of your use
of or conduct on the website, including but not limited to any
breach by you
of these terms and conditions.
7.3 By linking to this Website in
breach of our terms, you shall indemnify us for any loss or
damage suffered to this Website
as a
result of such linking.
11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality
of this provision our legal costs), awards and
damages however arising directly or indirectly
as a
result of any
breach or non-performance by you
of any
of your undertakings, warranties or obligations under these terms and conditions.
Experts say the practice
of gaining access to data stored in large computers — which involves the use
of a microcomputer, telephone lines, and attachments called «modems» that translate computer pulses into current that can travel through telephone lines to other computers — has
resulted in
as much
as $ 1 billion in
damage annually and serious
breaches of privacy.
That said, Schools generate and retain a huge amount
of sensitive personal data and even if monetary losses are not sustained
as a
result of personal data being mishandled, the reputational
damage to a school allowing a
breach could be significant.»
GM shall not be liable for incidental or consequential
damages, such
as, but not limited to, lost wages or vehicle rental expenses,
resulting from
breach of this written warranty or any implied warranty.
Accordingly, you shall defend, indemnify, and hold harmless Author Solutions and Reader's Digest Inc. from and against any suit, proceeding, assertion,
damage, cost, liability and expenses (including court costs and reasonable attorneys» fees) incurred
as a
result of claims
of customers or other third parties claim (including, without limitation, claims by regulators) against Author Solutions and / or Reader's Digest Inc. and their respective suppliers, officers, directors, employees and agents arising from or connected with (i) your website [s], including without limitation any activities or aspects thereof or commerce conducted thereon; (ii) the marketing activities you undertake in connection with the LifeRich Publishing affiliate marketing program; or (iii) the
breach or alleged
breach of the reps and warranties you make herein.
If the security
of that information is
breached by Member or a third party, Hilton Honors shall not be liable for any access to that account not authorized by Member, accumulation
of Points, redemption
of Rewards, or other account activity that occurs
as a
result, and in no event shall Hilton Honors be responsible for reimbursing Member for any Points redeemed or other
damages or losses claimed to occur
as a
result of that unauthorized access.
Another
result of this
breach is that credit reports now only show partial Social Security and account numbers
as an added layer
of protection, but a criminal who obtains your credit report illegally can still use it to do plenty
of damage.
Cybersecurity
breaches may cause disruptions and impact each Fund's business operations, potentially
resulting in financial losses; interference with each Fund's ability to calculate its NAV; impediments to trading; the inability
of each Fund, the adviser, and other service providers to transact business; violations
of applicable privacy and other laws; regulatory fines, penalties, reputational
damage, reimbursement or other compensation costs, or additional compliance costs;
as well
as the inadvertent release
of confidential information.
Any misuse
of the sellers / breeders bloodlines could
result in irreparable
damage to that reputation, therefore should a puppy that was sold
as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession
of the dog, recovery
of punitive
damages and recovery
of all expenses associated in remedying the
breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.
If the security
of that information is
breached by Member or a third party, Hilton Honors shall not be liable for any access to that account not authorized by Member, accumulation
of Points, redemption
of Rewards, or other account activity that occurs
as a
result, and in no event shall Hilton Honors be responsible for reimbursing Member for any Points redeemed or other
damages or losses claimed to occur
as a
result of that unauthorized access.
You agree to reimburse each Square Enix Party (
as defined in section 3.2 above) in full for the amount
of any and all claims, proceedings, actions, demands,
damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case
as a
result of or in connection with: (a) any
breach of any
of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use
of your Membership or Account by any person (s).
4.2.2 indemnify WRAP against all legal fees,
damages and other expenses that may be incurred by WRAP
as a
result of your
breach of the above warranty; and
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.
If you choose to link to our website in
breach of Paragraph 5.2 you shall fully indemnify us for any loss or
damage suffered
as a
result of your actions.
«That chasm provided predictability for businesses that
damages would be limited solely to economic losses — those losses that come from
damages as a direct
result of the contract
breach (not punitive
damages).
As we have seen from the media attention it has garnered in recent months, data
breaches in the computer systems
of a number
of high profile companies and government agencies has
resulted in financial losses, a lack
of public trust and confidence and
damage to their brands.
You may be able to file a lawsuit against the owner
of the road, such
as a municipality, on the basis
of negligence if you can show (1) it owed you a duty
of reasonable care, (2) it
breached that duty, (3) the
breach was the proximate cause
of the accident, and (4)
damages resulted.
In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty
of care; that the duty
of care was
breached; that the
breach of duty
of care caused you an injury that you would not have sustained otherwise; and that you suffered actual
damages as a
result.
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».
Tim Bird, head
of corporate at Wedlake Bell says that directors could be liable for
damages if the company suffers a loss
as a
result of a
breach.
In City
of Vancouver v. Alan Cameron Ward (Case No. 33089), the Court has been asked to determine whether
damages are available
as a remedy under s. 24 (1) when a Charter
breach was not accompanied by a tort, did not
result in loss to the plaintiff, or was not the product
of bad faith.
Claims for
damages for personal injury arising from an illness alleged to have developed
as a
result of employment generally fall within LA 1980, ss 11 and 14, since they are usually brought in negligence or
breach of duty or both.
If the employer
breaches that duty and the employee suffers economic loss
as a
result, he can claim
damages either for negligent misstatement or
breach of contract.
Specifically, a party injured
as a
result of a defective medical product may seek
damages against the manufacturer based on theories
of a
breach of a promise, express or implied, negligence, or strict product liability, including a failure to warn users
of dangers.
The successful education claim marks the first occasion on which the English Courts have upheld a
damages claim based on a
breach of A2P1, after two Supreme Court judgments
as a
result of which such claims had failed (A v Head Teacher and Governors
of Lord Grey School [2006] 2 AC 363 and A v Essex County Council (National Autistic Society intervening)[2011] AC 280; [2010] UKSC 33).
Under this law, a hotel owner and / or operator can be responsible to pay for a victim's
damages, including medical expenses, lost wages, pain and suffering, and other economic and non-economic
damages, if the hotel or one
of its employees was negligent and that negligence caused the victim to get hurt (stated another way, the hotel
breached its duty
of care to keep its guests safe and
as a
result of this
breach a guest was hurt).
If the theoretical underpinning is that consequential
damages result from a
breach of fiduciary duty, then fees
as damages are extended to a new frontier, and the American Rule is further diluted.
«Project X»: represented Respondent purchaser
of «superyacht» defending a claim for alleged losses and
damage suffered
as a
result of an alleged wrongful repudiation
of a written brokerage agreement and
as a
result of alleged
breaches of Respondent's obligation
of confidentiality arising under that agreement.
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.
My client takes the position that it has the right to claim
damages from you
as a
result of such action based on, inter alia, trespass to goods, fraud, deceit,
breach of fidelity and / or conversion.
Dallas personal injury and accident law defines a «tort»
as an «unlawful violation
of a private legal right other than a mere
breach of contract, expressed or implied,» and maintains that «a tort may also be the violation
of a public duty if,
as a
result of the violation, some special
damages accrues to the individual.»
To show that a defendant was negligent, a motorcyclist must prove: (1) he was owed a duty by the defendant (usually a duty to exercise reasonable care), (2) the defendant
breached that duty, (3) proximate cause, and (4)
damages suffered
as a
result of the
breach of duty.
Any motorist who
breaches this duty — whether due to distracted driving, driving under the influence
of drugs or alcohol, or any other cause — and injures someone
as a
result is liable for any injuries and property
damage sustained.
Exceptions apply to
breach of contract cases — even if
as a
result of the beach
of some contract you are injured or become sick,
damages relating to the
breach are taxable.
Accordingly the Giles v Rhind «exception» applied, and D was found liable in
damages to the claimants (to the aggregate extent
of 65 %
of the amount by which BHL's assets were reduced
as a
result of D's
breach of the shareholders» agreement).
In addition to establishing a doctor or other medical professional's duty and
breach of the duty
of care owed to a patient, the testimony
of medical experts may also be relied upon to establish the cause or causes
of a patient's injury or death and the
damages suffered by the injured patient or the deceased patient's survivors
as a
result of the injury or death.
The plaintiff must also prove that a defendant's
breach of duty was a cause
of the plaintiff's injury and that the plaintiff suffered legally compensable
damages as a
result of his or her injury.
(b) notice
as required by subsection (6) could not be given because the delay necessary to do so would
result in irreparable
damage or injury, a
breach of the peace or an interruption in an essential public service;