The court stated that «the purpose of awarding damages
for breach of contract is neither to penalize the defendant nor merely to return to the plaintiff that which he has expended in reliance on the contract.
In a separation agreement, a lawsuit
for breach of contract is one possible remedy for breaking the promise of not hassling each other.
One category of frequently claimed damage
for breach of contract is loss of future profits or loss of anticipated profits.
A legal action
for breach of contract is a civil action, and any remedies awarded are designed to place the injured party in the position that party would have been in but for the breach.
R3's New York complaint
for breach of contract is virtually identical to the one it filed in Delaware.
In many cases, the remedies
for a breach of contract are written right into the contract itself.
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?
Not exact matches
Perhaps this
is why Walgreens chose to sue Theranos
for $ 140 million in 2016, claiming
breach of contract.
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).
They «allege their businesses have
been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims
for negligence and
breach of contract, as well as, in some cases, statutory claims.»
If there
is a silver lining in the March 14 Eastern District
of Virginia filing, it
's that RBC
is being sued
for fraud only, while several other institutions, including Bank
of America, Deutsche Bank and Barclays,
are being sued
for fraud and
breach of contract.
On April 29, Bhakta
was notified
of an «extraordinary board meeting» to
be held on Friday, May 6, to discuss and vote upon Bhakta's removal
for breach of contract.
The chain
is in the middle
of a legal battle with Macy's, which sued media and merchandising company Martha Stewart Living Omnimedia
for breaching an exclusive
contract when Martha Stewart signed a deal with Penney in December 2011 to open shops at most
of its stores this spring.
«Today's ruling
is a major milestone in our efforts to recover damages
for our investors,» said James Dondero, co-founder and president
of Highland Capital Management, L.P. «We
are pleased the appellate court recognized the harm caused to our investors by Credit Suisse's fraud and
breaches of contract.»
Other legal fights related to Uber include its battle with self - driving car company Waymo, which
is suing Uber
for allegedly stealing trade secrets, and a lawsuit filed by investor Benchmark against former chief executive officer Travis Kalanick claiming
breach of contract.
This
is why what happened last week
was so shocking: the venture capital firm Benchmark Capital filed suit against former Uber CEO Travis Kalanick
for fraud, break
of contract, and
breach of fiduciary duty.
It would
be the state's first legal test over whether a borrower can sue a bank
for breach of contract after the lender rejected a loan revision when the borrower satisfied a government - supported mortgage - conversion program, the judge wrote.
Daniels can
be fined $ 1 million
for each
breach of the nondisclosure agreement, according to the terms
of the
contract.
Token issuers who make misleading statements may
be liable
for breach of contract, false advertising, and fraudulent or negligent inducement, to name just a few claims.
Examples
of these risks, uncertainties and other factors include, but
are not limited to the impact
of: adverse general economic and related factors, such as fluctuating or increasing levels
of unemployment, underemployment and the volatility
of fuel prices, declines in the securities and real estate markets, and perceptions
of these conditions that decrease the level
of disposable income
of consumers or consumer confidence; adverse events impacting the security
of travel, such as terrorist acts, armed conflict and threats thereof, acts
of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets;
breaches in data security or other disturbances to our information technology and other networks; the spread
of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment
of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount
of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion
of our assets pledged as collateral under our existing debt agreements and the ability
of our creditors to accelerate the repayment
of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance
contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss
of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price
of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times
of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements
for crew members and other employee relation issues; the continued availability
of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
«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.»
They
are keeping the health care
for employees and not dropping it because they
are probably legally bound to continue to provide a benefit that
was in place when they hired their employees (I don't know what the law
is in Ohio) but
breach of contract, etc. may play into it.
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.
Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles
for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it
be defined), statutory duty
of good faith, unfair
contract terms (seeks «recognition
of the competitive disadvantage faced by farmers» and extension
of unfair
contract terms protection to small business), collective bargaining (seeks relaxation
of public interest test
for boycott approvals in agriculture markets, increase «ability
for peak bodies to commence and progress collective bargaining and boycott applications» on behalf
of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process
of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply
of drinking milk») and mandatory code
of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.
Barca
are also about to sue Neymar
for an # 8.5
breach of contract.
You'd think a player could
be sacked
for behavioural issues and
breach of contract.
Former Louisville coach Rick Pitino
is suing the school
for breach of contract, seeking damages
of $ 38.7 million, wanting to
be paid the remainder
of his
contract for being fired without cause.
Had Suarez forced the issue, Liverpool would have
been taken to court
for breach of contract but only as part
of a work tribunal.
Free - spending French giants Paris Saint - Germain
are set to face UEFA sanctions
for breaches of Financial Fair Play (FFP), according to a report by the Financial Times on Wednesday that claims PSG «overstated» sponsorship
contracts to the tune
of 200 million euros.
Santos wanted Neymar to
be banned
for six months in 2015, accusing their former player
of being in
breach of his
contract when negotiating his transfer to the Camp Nou.
One season with AC Milan
was followed by a short spell with Real Betis, which
was blighted by legal battles as the midfielder sued the club
for breach of contract.
Take notice that any party
contracting with Debie Rise as a recording or performing artist and / or in respect
of sales
of any
of her songs or anything to do with entertainment, without our prior consent / authorization would
be doing so at its / his / her peril and we shall not hesitate to bring the full wrath
of the law to bear on such individual and / or organization; including suing them
for aiding and inducing
breach of contract and account
for profit.»
For example, in an UK - USA route, it could be that the USA would fine the company if it allows boarding people without the proper documents, while the UK would fine the company for breach of contract if they do not allow those same passengers to boa
For example, in an UK - USA route, it could
be that the USA would fine the company if it allows boarding people without the proper documents, while the UK would fine the company
for breach of contract if they do not allow those same passengers to boa
for breach of contract if they do not allow those same passengers to board.
As
for the infuriated unions, who insist furloughs would
be an illegal
breach of their
contract, Paterson said: «You can't say nuts to everything... I
'm here to protect all the tax payers
of New York State, not some
of them.»
But it would seem to me that there should
be an explicit recognition that unfaithfulness
was a
breach of the marriage
contract between same - sex couples, just as it
is for opposite - sex ones.
Judge Elaine Slobod,
of Orange County Supreme Court in upstate New York, granted partial summary judgment March 12
for Wah - chung Hsu, who once lived in the hamlet
of Highland Mills, saying in court documents that Wyckoff
was in
breach of contract when it did not pay him severance after firing him.
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 town issued a stop work order last month, and last week the Town Board terminated the
contract with Accadia
for what the town says
is breach of contract.
• What
is an indemnity, and why does the
contract say you will indemnify the company
for any
breach of contract?
For termination
of the
contract, a
breach of the conditions specified in these Terms and Conditions has to
be identified.
«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.
Eventually, Shandling sued Grey
for breach of contract and accused him
of «triple dipping» into the money Shandling
was making.
Companies who
are compliant with these standards have met a certain number
of conditions, including: demonstrating that their confidential destruction premises
are secured and managed in the appropriate way — avoiding contamination or security
breaches, having a clear and accurate process in place to ensure all
contracts with clients, suppliers and sub-contractors
are up to standard, informing clients wherever sub contractors
are used, undergoing staff screening and vetting against British Standard BS7858, and having in place tested, secure and appropriate processes
for the collection, retention and destruction
of confidential material.
The unanimous decision, which marked the first time the high court had heard a case on the subject, clears the way
for Laramie County School District No. 1 to pursue its $ 200,000 negligence and
breach -
of -
contract claim against the architects
of a school that began to crumble less than 10 years after it
was built.
The charity
was recently in the headlines
for being in
breach of a $ 3 million
contract with LAUSD over delivery
of services.
The Department
for Education (DfE) says it has processes to avoid such conflicts, including a register
of contractors» interests, but added it would sack any adviser found to
be in
breach of contract.
Sharp
was under
contract with Rahal Letterman Racing
for 2008, but the two entities parted ways after each filed a
breach of contract lawsuit against the other.
There
is no way
for the author to terminate the
contract, other than through a
breach of contract by D Publishing — unlikely since the
contract places almost no obligations on D Publishing.
Also, how claims
for breach of contract will
be handled need to
be part
of that agreement.
Authors should
be entitled to audit their publishers
for any accounting period within the past six years, the statute
of limitations
for breach of contract claims in many states.