Sentences with phrase «for breach of contract based»

The justices held, by a majority, that it would be wrong for the courts to allow a claim to be pursued for breach of contract based on the manner of dismissal.

Not exact matches

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

He said the decision found no breach of fiduciary duty, no breach of contract, and no basis for claiming excessive profits.

«Gravity» Author Sues Warner Bros. for Breach of Contract, Seeks Percentage of Film's Profit Tess Gerritsen claims that she is owed a «based upon» credit and a boatload of money.

(5) Please note, we can not accept any liability for any damage, loss, expense or other sum (s) of any nature or description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.

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 exchanFor 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 exchanfor 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 exchanfor 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 exchanfor 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.

First whether it was possible for a dismissal based on conduct to be fair if it was not in breach of the employee's contract.

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.

Thus far, the existence of a mediation contract requiring confidentiality has not succeeded in affording any wider protection than that afforded by the without prejudice principle, albeit that a contractual remedy may afford a secure basis for the obtaining of an injunction to restrain a threatened breach of that confidentiality: see Venture Investment Placement Ltd v Hall [2005] EWHC 1227 (Ch), [2005] All ER (D) 224 (May) and David Instance v Denny Brothers Printing Ltd [2000] FSR 869.

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.

The enactment of Senate Bill 224 shortens the time period a litigant has to file a lawsuit for a breach based on a written contract.

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.

Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters involving breach of contract, fraud and disputes under the Uniform Commercial Code, and defended his clients in consumer class action litigation.

Any discussion of «gains - based» recovery for breach of contract or tort has to deal with the practical problem that, while the plaintiff usually has access to the facts it needs to establish its loss, the defendant will have access to the facts needed to establish its gains.

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.

Contract — Counterclaim for damages for repudiatory breach or renunciation — Contract terminated by defendant by reason of claimant going into administration — Whether claimant in repudiatory breach — Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.

If Fastcase were allowed to amend its complaint to state a claim based on the period after April 7, Casemaker would respond with a claim for breach of contract that would not be preempted by the Copyright Act, along with a claim for copyright infringement, depending on whether Fastcase copied any Casemaker materials.

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 liability.

Defended an LTE cellular network provider in a lawsuit by a California - based wireless broadband network component provider in an action for breach of a contract to purchase component parts necessary to build an LTE network in West Texas.

The Supreme Court of Canada stated in Honda Canada Inc. v. Keays.1 that an award of moral damages is based on the principle, articulated in Hadley v. Baxendale, 2 that damages are recoverable for a contractual breach if the damages are «such as may fairly and reasonably be considered either arising naturally... from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties».

For example, if your company's employee handbook states that employees who are terminated will receive severance according to a formula based on the employee's years of service, and your company does not pay you the correct amount of severance, our employment attorneys may be able to file a breach of contract claim on your behalf seeking the unpaid compensation.

Spence received a $ 52,000,000 verdict against McDonald's Corporation, the fast - food chain, on behalf of a small, bankrupt, family - owned ice cream company for McDonald's breach of an oral contract based on a handshake.

We defended the case based on the insurance policy's concealment or fraud provision and also asserted counterclaims for breach of contract and fraud.

Motion picture producer / lender's action for interim relief against foreign sales agent based on breach of contract and breach of fiduciary duty

If the defendant would have had to spend $ 1,000,000 to make the tracking system more accurate and greater accuracy would only have increased the amounts due based upon unique users by $ 10,000, it would probably not breach their duty of good faith and fair dealing to refrain from purchasing this more expensive and more accurate tracking software, particularly if the defendant made a $ 10,000 allowance for the estimated number of omitted unique users as a result of using less accurate tracking software and increased compensation under the contract accordingly.

«The House of Lords may have closed the door on pleural plaque compensation claims made on the basis of negligence or breach of statutory duty, but at the same time they have also opened the window, by unexpectedly flagging up a potential new line of argument — that claimants could sue for breach of contract,» he says.

In our Mid Term exam we were given a question based on a short case study An internet software expert was needed for a breach of contract case between an online software developer and an internet...

The impetus behind Baron Alderson's judgment in Hadley was to hold a contract breaker responsible for a natural consequence of his breach where, on an objective basis, it was reasonable to say at the outset that the parties would or should have appreciated that such a loss could easily happen.

All these factors made creditors harder to collect their debts, for debtors are furnished with more bases to defend and / or to justify their «breach of contract».

Although the contract does not provide for what damages would flow from a failure to terminate in good faith, based on the specific terms and circumstances of this contract, it is reasonable to infer that the parties intended that if the power to terminate was not exercised in good faith, then damages for breach would be based on the wages owed for the remaining term of the agreement, without a duty to mitigate.

State the legal basis for the three claims, e.g., breach of contract, misrepresentation, and unjust enrichment, and explain that you will address each count in turn;

United States Air Force (Al Dhafra Air Base, United Arab Emirates) 2008 — 2009 Operations Manager / Resource Advisor • Serve as Programs Flight Chief of the 380th Equipment Maintenance Group responsible for $ 3M budget • Plan, direct, and oversee three operation cells dealing with emergency management • Categorize, prioritize, and communicate all incidents including base attacks, and disasters to the Emergency Operations Cell • Dispatch quick reaction forces and Emergency Response teams to breaches in security and to treat wounded personnel • Negotiate and execute $ 3,000,000 paint contract with three one year renewal options • Perform contract surveillance on paint / mezzanine contract for back shop operations • Establish Indefinite Quantity purchase of aircraft synthetic oil and sole sourced supplies to ensure fleet health • Target high use supply items, forecast consumption rates, and prevent loss of production do to non-availabiBase, United Arab Emirates) 2008 — 2009 Operations Manager / Resource Advisor • Serve as Programs Flight Chief of the 380th Equipment Maintenance Group responsible for $ 3M budget • Plan, direct, and oversee three operation cells dealing with emergency management • Categorize, prioritize, and communicate all incidents including base attacks, and disasters to the Emergency Operations Cell • Dispatch quick reaction forces and Emergency Response teams to breaches in security and to treat wounded personnel • Negotiate and execute $ 3,000,000 paint contract with three one year renewal options • Perform contract surveillance on paint / mezzanine contract for back shop operations • Establish Indefinite Quantity purchase of aircraft synthetic oil and sole sourced supplies to ensure fleet health • Target high use supply items, forecast consumption rates, and prevent loss of production do to non-availabibase attacks, and disasters to the Emergency Operations Cell • Dispatch quick reaction forces and Emergency Response teams to breaches in security and to treat wounded personnel • Negotiate and execute $ 3,000,000 paint contract with three one year renewal options • Perform contract surveillance on paint / mezzanine contract for back shop operations • Establish Indefinite Quantity purchase of aircraft synthetic oil and sole sourced supplies to ensure fleet health • Target high use supply items, forecast consumption rates, and prevent loss of production do to non-availability

Realtors sue for breach of contract re unpaid seller commissions based upon Listing Agreement wordings and prevail all the time, «else, what's the point of the Listing Agreement at all?

Here, the buyer risks being liable for breach of contract damages in a civil lawsuit (again, this depends on the contract — some contracts only allow a seller to keep the deposit in the event of a default by the buyer) unless he or she can prove a legal basis for backing out of the deal.

Listing broker office did not advise purchasers of representation of the builder, so no basis for claim of purchaser inducing breach of contract.

Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)- Buyer sues seller for fraud, misrepresentation, mistake of fact and breach of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affirmed.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories