Sentences with phrase «for breach of contract from»

Acted for national distributor in negotiating settlement of a million pound claim for breach of contract from one of its customers

Not exact matches

Small businesses are sued for a wide variety of reasons, from breach of contract to product defects to employee relations to noncompliance with federal regulations (such as the Americans with Disabilities Act).

Oregon also accuses Oracle of breach of contract, along with civil racketeering, for «failing to deliver on its obligations, overcharging for poorly trained Oracle personnel to provide incompetent work, hiding from the state the true extent of Oracle's shoddy performance, continuing to promise what it could not deliver, and willfully refusing to honor its warranty to fix its errors without charge.»

«Whenever... preachers, instead of a lesson in religion, put [their congregation] off with a discourse on the Copernican system, on chemical affinities, on the construction of government, or the characters or conduct of those administering it, it is a breach of contract, depriving their audience of the kind of service for which they are salaried, and giving them, instead of it, what they did not want, or, if wanted, would rather seek from better sources in that particular art of science.»

Coyne was suspended from his job as a Unite regional secretary six minutes after the ballot box was closed and later sacked for what the union described as a «fundamental breach of contract».

The party confirmed it had received a «letter before action» from Rennard's lawyers, which raises the prospect of making three senior party figures personally liable for damages for a breach of contract.

Depending on the state you're in, a seller may also have grounds to sue you for breach of contract or financial damages incurred from taking their home off the market.

The State of Texas offers many protections from wage garnishments for certain types of debts, including credit card debt, breach of contract debts, and tort claims.

This subpart does not prevent a creditor from exercising a right provided by a mortgage loan contract to accelerate payment for a breach of that contract.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

(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.

An audit of the Department of Energy's (DOE's) Fiscal Year 2016 Nuclear Waste Fund financial statement, conducted by accounting firm KPMG for the DOE Office of Inspector General and released in December 2016, showed 38 lawsuits had been settled as a result of the DOE's partial breach of contract ensuing from inaction on Yucca Mountain, and 41 cases were resolved by final unappealable judgements.

«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).

For contract claims, the period is six years from the breach of contract.

If the Supreme Court eventually rules that litigation funding is permitted in Ireland, it will mean that Irish parties who are lawfully entitled to compensation, for example due to a breach of contract by a large multinational corporation, or mis - selling of financial products by an international bank, can make use of the financial resources and the strategic experience of professional funders like Woodsford to get justice from the Courts».

1 Apr. 21, 2016)(unpublished), buyers of seaside property sued seller and a dual broker agent for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told buyers at a pre-sale stage that foul odors in the house were attributable to «sea air,» when instead they emanated from a post-sale discovery of a buried oil and septic tank on the property.

It is well - settled that when a contractual term provides for liquidated damages payable in the event of a breach, this term is enforceable only to the extent that the liquidated damages are a genuine pre-estimate of the loss flowing from that breach of contract.4 Where parties stipulate in a contract the sum to be paid in the event of a breach, the contract sum is enforceable if it is a genuine pre-estimate of loss but not if it constitutes a penalty.

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).

In that case, Valcom Ltd. and two of its employees who defamed a consultant and then breached a contract with another company in order to force the removal of the consultant from a government contract were found liable for defamation, unlawful interference with economic relations, and inducing breach of contract, and ordered to pay $ 600,000 in damages.

We were retained by Bentley Systems, Inc. in this commercial dispute from Madison County, Alabama, involving an asset purchase agreement where the trial court entered judgment against Bentley on its counterclaim for breach of contract.

In this part of the case, RMP sought damages from Brent for breach of the Public Contract Regulations 2006 (SI 2006/5).

Broadly speaking, the claim can be brought for all of the losses that naturally flow from the breach of contract.

If the employer departs from the agreed reference, it can be sued, not for defamation, but for breach of 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.

When money or property is withheld for some time period, there will also often be an element of pre-judgment interest that is calculated on top of the economic value of the harm as of the time of the breach, often at a statutory rate, although the law of pre-judgment interest varies quite a bit from jurisdiction to jurisdiction and is often allowed in contract lawsuits, but not in tort lawsuits.

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 ABfrom 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 ABOVof 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 ABOVof 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 ABOVOF 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 ABOVOF 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 ABOVOF 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 ABOVOF 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 ABOVOF 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 ABOVOF 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 ABFROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

Won a judgment for a company co-founder in a lawsuit arising from the breakup of a business, including breach of contract and non-compete claims.

This recent case concerns cargo owners» claim for salvage costs from ship owners for alleged breach of the contract (s) of carriage... read more

Carriage of goods by air — Carrier claiming air freight from defendant — Defendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriage by air.

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.

[W] e wish to make clear that abolition of the actions for alienation of affections and criminal conversation does not preclude a person from maintaining a traditional breach of contract action merely because the breach arose from an improper liaison with the plaintiff's spouse or because the effect of the alleged breach or tortious conduct was a disruption or breakup of his or her marriage....

He manages all aspects of litigation and consistently obtains favorable outcomes, from early dismissals and resolutions to verdicts, for clients in business litigation disputes involving breach of contract and fiduciary duties, restrictive covenants, business dissolutions, partnerships and joint ventures, derivative corporate claims, note defaults and workouts, and intellectual property.

Although it is rare for a doctor or hospital to promise specific results from a procedure, surgery or treatment, if such a guarantee is given but not achieved, the failure to produce the promised outcome may give rise to an action for breach of contract or breach of warranty.

In such a case, the innocent party is released from further performance under the contract, while the offending party will still be held liable for the consequences of the breach.

# 1,000,000 claim for breach of contract resulting from a failure to pay for goods supplied, the Defendant claiming that the goods were unfit for purpose.

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.

The trial judge found no bad faith on the part of the insurer, but awarded Ms. Fidler aggravated damages of $ 20,000 for mental distress resulting from Sun Life's breach of the group disability contract.

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».

Previously, an injured person had the right to sue their insurer for the wrongful denial of benefits, and for mental distress and punitive damages resulting from the insurer's breach of contract and bad faith conduct.

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.

(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.

Counsel for a contractor advancing claims for extra work, delay and breach of contract arising from the termination of the contract which settled through structured negotiations.

advises and represents in claims for unfair dismissal, discrimination, breach of contract, unlawful deduction from wages, etc

Claims are divided into type A and type B; broadly speaking, type A claims (for example, statutory redundancy payments, unlawful deductions from wages and breach of contract) are those which the Lord Chancellor regards as typically the more straightforward and accordingly the fees related to such claims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing claims).

The Court of Appeal awarded bonus payments to Mr. Paquette, and in so doing confirmed that the basic principle in awarding damages for wrongful dismissal is that «the employee is entitled to compensation for all losses arising from the employer's breach of contract in failing to give proper notice.»

With diverse clients ranging from E&P companies and oilfield service providers to product manufacturers and homebuilders, Gabe knows how to find the right solution for disputes involving a broad range of issues, including breach of contract, fraud, fiduciary duty, construction defects, liens, premises liability and indemnity.

In plaintiff's suit to recover for breach of an oral contract to divide profits from a joint venture to buy real estate and sell or rent it, a Virginia Beach Circuit Court says plaintiff's claims are not entirely barred by...

The basic principle in awarding damages for wrongful dismissal is that the terminated employee is entitled to compensation for all losses arising from the employer's breach of contract in failing to give proper notice.

But the burden which lies on the defendant of proving that the plaintiff has failed in his duty to mitigate is by no means a light one, for this is a case where a party already in breach of contract demands positive action from one who is often innocent of blame.