Not exact matches
Since EE's right to terminate was exercised independently
of any alleged
breach, its
claim for damages for loss
of the
contract at common law therefore failed.
• Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, Montana Fifth Judicial District Court (2010): $ 600,000 jury verdict and additional award
of punitive
damages for breach of contract, deceit, abuse
of process and other
claims.
However, where an employer prematurely
claims frustration
of the employment
contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as
damages for a
breach of the Code.
The Community Legal Assistance Society, its funders, its authors, its contributors, its editors, and the distributors
of this website are not responsible
for ensuring this website is up - to - date, ensuring the completeness or accuracy
of the information contained in this website, or any form
of damages or monetary loss caused by or attributed to the use
of this website, including but not limited to
claims based on negligence or
breach of contract.
(Chauffeur
of a celebrity; restraint
of trade, whether covenant enforceable, whether
damages for «reflected loss» being
claimed, whether s. 2
of the Competition Act 1998 applicable, whether an account
of profits available in a
claim for breach of contract).
The Assessed Group [Group 2] may be satisfied with the quantum
of the award made by the OLRB and the outcome that the Defendants are liable to pay that award as the
damages for their negligence, conspiracy, inducing
breach of contract, or oppression remedy
claim.»
While Johnson prohibited the implication
of any term into a
contract that required an employer to operate their disciplinary procedures fairly, that did not mean that an employee could not
claim damages for breach of an express term.
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.
Therefore, the disputed matters were the amount
of compensatory
damages for breach of contract and plaintiffs» fraud (and punitive
damage)
claims.
Defending
claims for liquidated
damages and advancing
claims for Permissible Delay and
damages for additional build costs,
breach of terms
of build
contract, including terms relating to advertising and promotional activities and late payment
of instalments.
Confidential (2016): instructed to represent Purchaser
of superyacht in relation to its multi-Euro
damages claim against yard
for breach (material non-compliance with
Contract and Technical Specifications) and unlawful termination
of yacht building
Contract.
Claims for conspiracy,
breach of contract and fiduciary duty and
damages of # 2.5 m. Although the individual was found to have
breached his
contract, he was not ordered to pay any
damages to the claimants and he succeeded on his counterclaim
for an unpaid bonus and indemnity costs.
Issues concerning a
claim for damages for breaches of contract governed by UAE law and based on various articles
of UAE Civil Code (Civil Transactions Law (Federal Law No. 5
of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions Law.
Further, the EAT considered that
claims under the WTR 1998 were analogous to
claims of breach of contract, and there was no entitlement under English law to award
damages for injury to feelings.
Makhnevich threatened to sue Lee
for $ 100,000 in
damages,
claiming copyright infringement,
breach of contract and defamation.
Prior to joining Lipe Lyons, Ms. Abraham spent several years as a trial attorney
for a Chicago based firm defending insurance carriers and their insureds in personal injury and property
damage claims arising from motor vehicle collisions, as well as
breach of contract and insurance coverage disputes.
[1] The appellant, who is a lawyer, brought an action in Small
Claims Court against the defendant seeking
damages in the amount
of $ 14,933.22
for breach of contract.
The
claim is
for damages for breach of contract.
Thereafter, the hotel sued
for breach of contract,
claiming $ 385,950 in liquidated
damages for, among other things, «877 sleeping room nights» that were set aside
for partners at the firm.
The minority view is that showing some economic
damages is an element
of a
claim for breach of contract and that a failure to prove this element means that the party
claiming breach of contract loses.
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.
When the insurance company violates that
contract, you are entitled to file a
claim against them
for bad faith, in essence allowing you to pursue the coverage you were entitled to and in addition recover
damages from them
for breach of contract.
Energenics & Neuftec v Hazarika [2014] EWHC 1845 (Ch) resisting
claims for damages based on
breach of contract and
breach of fiduciary duty against the seller
of a Dominican company.
The former agent sought more than $ 20 million in
damages, asserting
claims for, among other things, unfair trade practices, fraud, conversion, misappropriation, and
breach of contract.
Prinova then commenced this
claim against DMCT, seeking to set aside the Release, and seeking
damages for, among other things, negligence and
breach of contract.
The plaintiff
claims $ 25,000
for damages for wrongful dismissal and
breach of the employment
contract.
Dana Watts provides vigorous representation
for parties who are defending against a
breach of contract lawsuit or asserting a
claim for damages.
Tort
Claim: a claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liabi
Claim: a
claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liabi
claim for damages based on a wrongful act, other than a
breach of contract, that injures another and
for which the law imposes civil liability.
We have handled a variety
of construction related lawsuits, including construction defect
claims,
breach of contract claims, indemnity disputes, additional insured issues, job site accidents and other tort
claims seeking
damages for personal injuries, wrongful death, property
damage, economic loss and project delays.
One category
of frequently
claimed damage for breach of contract is loss
of future profits or loss
of anticipated profits.
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.
Superyacht — build dispute (2013 - 2015): instructed on behalf
of shipyard in multi-million Euro arbitration dispute and Commercial Court appeal defending
claims for liquidated
damages and advancing
claims for damages for additional build costs,
breach of terms
of build
contract including terms relating to advertising and promotional activities and late payment
of instalments etc..
Defending substantial
claims for damages and loss
of profits
for breach of contract and / or negligence concerning amongst other things the design and supply
of aluminium freezers.
Confidential (2016): currently representing a superyacht Purchaser in relation to its multi-million Euro
damages claim against yard
for repudiatory
breach (material non-compliance with
contract and technical specifications) and unlawful termination
of yacht building
contract.
Given this ambiguity, it is beneficial to insured persons to know that they may have an alternate option to litigate their
claim for damages arising from
breach of contract.
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.
(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on
claims by insurers against assured
for breach of a settlement agreement and
of jurisdiction agreements in the settlement and in the underlying policy
of insurance — constitution
of a fund from which to indemnify insurers against future loss and
damage resulting from continuation
of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal
of discretionary stay in favour
of Greek court under Article 28 where stay would condone
breach of contract.
Breach of construction
contract claims including
claims for damages due to delay, loss
of productivity, non-performance
of contractual provisions, warranty
claims and product liability
claims
English law does not allow punitive
damages (called «exemplary
damages» under English law) to be awarded
for breach of contract, but does permit the award
of exemplary
damages for some tortious
claims.
Obtained settlement in case litigated in Ohio federal court
for clinical research organization asserting
breach of contract and fraud
claims and seeking more than $ 7 million in compensatory and punitive
damages.
Typically, the measure
of damages for breach of contract claims includes consequential
damages to the extent such
damages were reasonably foreseeable and contemplated by the parties at the time the
contract was entered into.
For a long time, Canadian courts did not recognize damages for mental anguish, as it was not something that could be claimed under breach of contract, especially if due notice was given in employment cas
For a long time, Canadian courts did not recognize
damages for mental anguish, as it was not something that could be claimed under breach of contract, especially if due notice was given in employment cas
for mental anguish, as it was not something that could be
claimed under
breach of contract, especially if due notice was given in employment cases.
• act quickly and decisively if an ex-employee is in clear
breach including threatening and possibly applying
for an injunction or
breach of contract damages claim
It will be good news
for contracting authorities that not all
breaches of procurement law will give a right to
claim damages, and that a challenging bidder must first show that a
breach was «sufficiently serious».
Epstein JA noted that had Yim's
claim been
for damages,
for example
breach of contract, the application would have been statute - barred,
claims for damages do not fit within the definition
of «land» in the RPLA.
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.
Damages for wrongful dismissal are not payable in priority to other expenses pursuant to the Insolvency Act 1986, Sch B1, para 99 (4) to (6), since a payment in respect of the period after the date of termination of employment can not amount to «wages» but rather is a payment by the employer on account of the employee's claim for damages for breach of co
Damages for wrongful dismissal are not payable in priority to other expenses pursuant to the Insolvency Act 1986, Sch B1, para 99 (4) to (6), since a payment in respect
of the period after the date
of termination
of employment can not amount to «wages» but rather is a payment by the employer on account
of the employee's
claim for damages for breach of co
damages for breach of contract.
Suits against the federal government
for breach of contract for money
damages must often be brought in the court
of claims which is governed by a parallel process.
In the original action, the plaintiffs brought an action against various Mitsubishi companies after their Mitsubishi dealership franchise failed,
claiming damages for breach of contract, misrepresentation, negligence and
breaches of the Arthur Wishart Act.
Taking just the example
of contract law, this is highly complex and you may not have the right to cancel a
contract and
claim all your money back or additional
damages just because the other party
breached the
contract (see our page on remedies
for breach of contract).