Sentences with phrase «damages clause in»

While the court acknowledged that the law was unsettled whether a liquidated damages clause in an employment contract amounts to a form of restraint of trade on the basis of the financial burden that it places on the employee, the court ruled unanimously that this was an obstacle to competition and, as such, was in restraint of trade.

Usually, a litigants own lost time will not be a compensable item of damages in legal systems derived from those of England called «common law» jurisdictions (including England, Ireland, the United States, Canada, New Zealand and Australia), unless there is an contractual provision that provides that «time is of the essence» and some liquidated damages clause in the contract that quantifies this harm.

For example, in a lawsuit based on a liquidated damages clause in a contract, a defendant and a lawyer might agree that the lawyer be paid a percentage of the amount saved if the ultimate settlement is far below the liquidated damages amount.

In a recent decision, the New York Supreme Court, upheld a liquidated damages clause in a dog adoption contract.

Following the Supreme Court's latest decision, the long - cited test of whether a liquidated damages clause is a genuine pre-estimate of loss designed to compensate the innocent party rather than deter the defaulting party from committing the breach (as established by early 20th century authority of Dunlop Tyre) is no longer conclusive although the Supreme Court accepted that it might still be of use in considering simple damages clauses in standard contracts.

Successfully representing a large broking house in litigation enforcing a seven figure liquidated damages clause on the no show of a rainmaking broker recruited from a competitor — the leading case on the enforcement of liquidated damages clauses in employment contracts.

Some types of clauses are common and well - known, such as a flood damage clause in a homeowner's policy or a suicide clause in life insurance policy.

Meaning that the floodwaters that you thought were covered by the water damage clause in a standard renters policy will actually be covered by a broad form policy.

Not exact matches

8 With respect to those who refuse to accept Castilian sovereignty and the Christian faith the document includes this clause: «If you do not do it... with the help of God I will use all my power against you and will battle you everywhere and in every possible way, and you will be subject to the yoke and obedience of the Church and their Highnesses, and I will take your people and your women and children, and make them slaves, and as much I will send them, and I will inflict on you all the harm and damage possible.»

As if anticipating and trying to prevent the «war guilt» clause of the Versailles treaty soon to be written by the Western allies, Weber raised the question of forgiveness in politics: «A nation forgives if its interests have been damaged, but no nation forgives if its honor has been of fended by a bigoted self - righteousness.

Such a shift, seen in countries such as Zambia and Congo Brazzaville, was designed to alleviate any ongoing concerns of refugee - hosting countries about implementing the Clause in order to ensure a public, political consensus for its eventual invocation, and end the politically damaging speculation surrounding conditions within Rwanda and the Government's true motivations in pushing for the Cessation Clause.

Mr Oppong - Damoah said there were clauses in the existing agreement which made it difficult to abrogate else the country will be liable to the payment of damages as enshrined in the contract.

9.9 If the customer breaches any of the obligations listed in this clause 9, ELITESINGLES can be entitled to require compensation for any resulting damage or expenses.

(c) In the event the aircraft is lost or damaged beyond repair, the Government shall pay the Contractor a sum equal to the fair market value of the aircraft at the time of such loss or damage, which value may be specifically agreed to in clause 1252.228 - 71, «Fair Market Value of Aircraft,» less the salvage value of the aircrafIn the event the aircraft is lost or damaged beyond repair, the Government shall pay the Contractor a sum equal to the fair market value of the aircraft at the time of such loss or damage, which value may be specifically agreed to in clause 1252.228 - 71, «Fair Market Value of Aircraft,» less the salvage value of the aircrafin clause 1252.228 - 71, «Fair Market Value of Aircraft,» less the salvage value of the aircraft.

For purposes of the clause entitled «Loss of or Damage to Leased Aircraft,» the fair market value of the aircraft to be used in the performance of this contract shall be the lesser of the two values set out in paragraphs (a) and (b) below:

Settling the European Commission investigation into anti-competition clauses in Amazon's e-books contracts with publishers would allow Amazon to escape fines, civil claims, further investigations and reputational damages, Maverick Law competition partner Bas Braeken noted.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

In the event of a cancellation of a Reward Booking under clause 2.12 within 24 hours of your scheduled date of travel, you shall be liable to pay VAA the full published fare applicable in addition to any costs and damages, including but not limited to legal costs, reasonably incurred or suffered by us or any applicable Participating Company as a result thereoIn the event of a cancellation of a Reward Booking under clause 2.12 within 24 hours of your scheduled date of travel, you shall be liable to pay VAA the full published fare applicable in addition to any costs and damages, including but not limited to legal costs, reasonably incurred or suffered by us or any applicable Participating Company as a result thereoin addition to any costs and damages, including but not limited to legal costs, reasonably incurred or suffered by us or any applicable Participating Company as a result thereof.

In this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislationIn this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislationin the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislationin State sale of goods or fair trading legislation).

The ability to waive an implied reasonableness term usually goes hand in hand with the contract doctrine that holds «penalties» in contracts to be void as against public policy, but upholds «liquidated damages» clauses.

They negotiate record deals and touring contracts for their clients, helping them steer clear of clauses that could prove punitive or cause future legal disputes and saving millions in potential damages.

Do you think that, in the event of a breach by Singapore of the social / environmental clauses of the EUSFTA, individuals that suffered direct damage could rely on this Opinion to argue that they have recourse to trigger the procedure for adopting a decision to terminate the agreement?

Termination clauses will in almost all cases significantly limit damages to which an employee is entitled.

The court set the punitive damages at $ 100,000 considering the «outrageous» behaviour of the defendant in dismissing Gordon and trying to hold him to their non-compete clause.

In Howard the Ontario Court of Appeal awarded an employee whose employment was terminated 23 months into a five - year term damages reflecting the balance of the term on the basis that the contractual clause providing for early termination was unenforceable due to ambiguity.

The court concluded that the liquidated damages of S$ 1 million was a genuine pre-estimate of the damages which the medical centre could suffer if Dr Ng breached the restraint of trade clause, as the amount payable reflected the expertise and goodwill he possessed in the field of aesthetic medicine.

Expensive Secret Telling: When Damages May Be Available for Breach of a Confidentiality Clause in a Settlement Agreement

In our view, the Constitution's Due Process Clause forbids a State to use a punitive damages award to punish a defendant for injury that it inflicts upon nonparties or those whom they directly represent, i.e., injury that it inflicts upon those who are, essentially, strangers to the litigation.

Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.

In its 5 - 4 decision in Philip Morris v. Mayola Williams, Justice Breyer, writing for the majority, held that the jury's verdict violated the Due Process clause of the Constitution because jurors had been permitted to consider harm suffered by other smokers, who weren't parties to the case, in assessing punitive damageIn its 5 - 4 decision in Philip Morris v. Mayola Williams, Justice Breyer, writing for the majority, held that the jury's verdict violated the Due Process clause of the Constitution because jurors had been permitted to consider harm suffered by other smokers, who weren't parties to the case, in assessing punitive damagein Philip Morris v. Mayola Williams, Justice Breyer, writing for the majority, held that the jury's verdict violated the Due Process clause of the Constitution because jurors had been permitted to consider harm suffered by other smokers, who weren't parties to the case, in assessing punitive damagein assessing punitive damages.

In 2005, the Supreme Court of Wisconsin struck down the statute ruling that the $ 350,000 limit on noneconomic damages violated the equal protection clause of the Wisconsin Constitution.

In accordance with the key principle of the Default Clause that damages are to be based on (but not limited to) the difference between the contract price and the actual or estimated value of the goods at the date of default, the Board of Appeal had awarded Buyers substantial damages.

The Court rejected Sellers» argument, holding that the parties had agreed that their damages would be based upon the measure set out in the Default Clause and these rules could therefore not be displaced by other principles.

Sellers argued that, on the facts, the damages scheme in the Default Clause should have been overridden by the application of certain common law principles for the assessment of damages, which would have led to the conclusion that Buyers had suffered no loss.

The disputed clause in the insurance contract excluded the «cost of making good faulty workmanship» but made an exception to that exclusion for «physical damage» that «results» from the faulty workmanship.

As recently reported in the New York Times, a full one - third of top ranked websites forbid consumers from suing them for damages, unsavory practices, inflated charges, and general bad behavior through inclusion of forced arbitration clauses and class - action ban clauses.

Contract — Exclusion clause — Defendant contracting to overhaul engines of plaintiff's tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff's or defendant's standard terms applied — Whether defendant entitled to limit liability to price of quotation.

The motion judge held he was strengthened in this view because another clause of the insured's policy (the «while being worked on» clause) included an explicit statement regarding resulting damage.

In this case, a large regional developer filed a claim against our client seeking over AED 150 million damages before the Dubai local courts despite the fact the agreement between them contained an arbitration clause.

Whether these myths come from TV, movies, or well - meaning friends or family members, the reality is that in many cases you can not break the lease, you will be held to your non-compete clause and you may well be prevented from suing for damages if you are injured during an adventure activity by the waiver that you signed voluntarily.

The clause also contained language that stated contact damages were limited to direct damages only, excluding losses caused in any way by acts, omissions or misrepresentations (but excluding «any fraudulent or negligent misrepresentation» committed in connection with the agreement).

The Court said that any punitive damages award higher than this was «excessive and arbitrary» in violation of the Fourteenth Amendment's due process clause.

(2) Despite subsection (1), the rate of interest on damages for non-pecuniary loss in an action for personal injury shall be the rate determined by the rules of court made under clause 66 (2)(w).

In the 2014 split decision of the British Columbia Court of Appeal in Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97, the majority of the court upheld the enforceability of an employment liquidated damages clausIn the 2014 split decision of the British Columbia Court of Appeal in Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97, the majority of the court upheld the enforceability of an employment liquidated damages clausin Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97, the majority of the court upheld the enforceability of an employment liquidated damages clause.

The court unanimously agreed, based on a 1976 Supreme Court decision, that the reasonableness of the monetary amount, i.e., whether the lump sum payments set out in the clause amounted to a genuine estimate of anticipated damages or a penalty, was only relevant to the issue of damages; it was not relevant to the reasonableness of the clause itself.

This decision extended the ruling in a 2012 decision, Bowes v Goss Power Corp. which had held that where an indefinite hire contract contained a termination notice clause allowing for termination on «6 months» notice or pay in lieu» and the employer terminated without working notice, there was no duty to mitigate damages or deduction for mitigation earnings.

Advising in relation to potential claims under the SGA 1979, breach of warranties, rescission, damages, entire agreement clauses, quantum and potential negligence claims against former solicitors.

It was held that the clause did cover damage resulting from negligence, since the only way in which the defendant could be liable under this contract is through some form of negligence.

The defendant argued that there was a relevant exclusion clause in the contract between the claimant and the defendant, which stipulated that «The maximum amount allowed for lost or damaged articles is twenty times the charge made for laundering.»

For example, recent advices have related to the proper interpretation and exercise of a lien / cesser of liability clauses, the proper measure of damages, war risks clauses, deviation, deadfreight clauses, package limitiation, «knock for knock» provisions in a towage contract, the meaning and effect of ad hoc provisions in ship - building contracts, the Hague / Hague - Visby Rules, the CMR convention and the Warsaw Convention (as amended).