Sentences with phrase «date of the breach of contract»

For claims that accrued prior to September 28, 2012, the limitations period is the earlier of: eight years from September 28, 2012 (in other words, September 28, 2020); or the expiration of the limitations period in effect prior to the enactment of Senate Bill 224 (15 years from the date of the breach of the contract).

The usual rule is that claims that are older than 6 years are statute - barred; in contract claims the period runs from the date of the breach of contract, but in tort or negligence claims it runs from the date of the «damage».

Not exact matches

Most dating services do not allow solicitation and the person is more than likely in breach of contract.

If the agreement were that you must pay the remainder by Dec 15 and immediately take possession (else pay $ 50 / month for boarding — there has to be some reasonable interpretation of what any «per month» charge would be about), a declaration that you could not make final payment by the specific date could (remotely) constitute anticipatory breach of the contract.

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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 accrues.

The new law shortens the limitations period for breach of contract actions accruing both before and after the effective date of September 28, 2012.

However, We wish to inform you that we would be needing your firms legal help to assist us with a breach of contract matter and also retrieve funds owed to our company.We ordered goods from Ace Hardware Corporation.and was asked to make a 50 % down payment for goods to be delivered to us and that we did and up till date no goods were delivered.We asked for a refund and they made a part payment and after that no other payment was made.We seek legal help from your firm to help us collect these funds owed to our company as we do not wish to go any further with the said transaction.We have made several attempts in the past to collect these funds which all ended negatively.

(a) that the Claimants contracted with the Defendants to purchase package holidays at the Club Aguamar Hotel and stayed at the Club Aguamar Hotel between the dates set out in the schedule to the order, and (b) that the Claimants suffered gastric or other illness of various durations, and / or personal injury, and / or distress, inconvenience, loss and damage as a result of improper performance of the provision of services under the holiday contract, in respect of which the Claimants hold the Defendant liable (i) under the Package Travel, Package Holidays and Package Tours Regulations 1992, and / or (ii) by reason of breaches of the said contracts of various dates for the provision of holidays, made in writing, and within the jurisdiction of this Court, and / or (iii) by reason of the Defendant's negligence during the said period, and / or (iv) by reason of the Defendant's misrepresentations made on various dates and inducung the Claimants to enter the said contracts for the provision of holidays.

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 contract.

... the only way to return the employer to its original position was to deprive the employee of his bonus from the date of the breach onward, on the basis that «had [the employer] been aware that [the employee] was secretly diverting the company's assets and resources from September 3, 2007, [the employer] would most assuredly have terminated [the employee]'s employment contract as it did immediately upon discovering [the employee]'s dishonest activities.

It means that failure to meet a date (e.g. a payment date) is a breach that allows termination of the contract by the innocent party.

You warrant as a strict condition of this agreement that as at the date hereof... (b) there are no circumstances of which you are aware or of which you ought reasonably to be aware which would constitute a repudiatory breach on your part of your contract of employment which would entitle or have entitled the company to terminate your employment without notice.»

2 The limitation period in respect of a claim arising out of a breach by one party of a contract for the delivery of or payment for goods by instalments shall, in relation to each separate instalment, commence on the date on which the particular breach occurs.

In November 2007, the defendant paid the lower rate of commission and within two years of that date the plaintiff sued for breach of contract.

The trial judge found that the vendor was not in breach of contract, that the agreement gave the vendor the right to set the completion date and that the contract called for a forfeiture of the deposit and was enforceable.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

According to Florida case law as of the date of this article, a breach of a real estate contract can give rise to a specific performance claim (compelling the seller to sell or the buyer to buy) or a damages claim.

According to the case law as of the date of this article, a material breach by one party to a real estate sales contract may be considered a discharge of the other party's obligations thereunder.