Sentences with phrase «implied contract»

Bringing a pet into the home from any source implies a contract with that animal to provide it with food, water, shelter, training, and companionship.

One form of liability is warranty liability, which arises from an express or implied contract with a purchaser of the product and only applied to parties to the contract.

Both decisions provide a restrictive interpretation of the test set out in the Court of Appeal's decision in Dacas v Brook Street Borough (UK) Ltd [2004] EWCA Civ 217, [2004] All ER (D) 125 (Mar) on the issue of implying a contract of employment between a worker and end user in a tripartite employment agency arrangement.

The doctrine of promissory estoppel implies a contract in law where none exists in fact.

In order to successfully claim a lien upon a lessor's property for work done for a tenant, the claimant must be able to prove the existence of either an express or implied contract whereby the tenant is bound to improve the lessor's property.

Achieved dismissal of hostile work environment, retaliation and breach of implied contract claims, and dismissal of individual defendants (President and Vice President) in discrimination / harassments case, establishing law in our jurisdiction regarding personal liability of supervisors.

In the class action suit, Christy is asserting claims against the U.S. government founded upon the breach of express or implied contract claims to which the U.S. is a party,

The lawsuit alleges that Disney, therefore, breached an implied contract by not compensating her for her idea.

You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against RMG, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Just so is there an implied contract when a person is a citizen of the United States and participates in its fiscal system.

(f) Breach of contract The court granted summary judgment for the individual defendants because neither was a party to the contract, but it denied summary judgment for the district, because the constructive discharge, if proved, could be a violation of her express or implied contract.

Authors, readers, and implied contracts: First, it's 2:24 am, waiting to leave for surgery.

If you were there would be an implied contract given your name is on the loan.

I understand that there is no express or implied contract of employment and that if employed I have been hired at the will of the employer and that my employment may be terminated at will, at any time: and with or without cause the employer's only obligation being to pay salary or wages due and owing at the time of termination.

Instead either a signed contract or the an implied contract is given when passing over money.

The suit alleges breach of implied contract and trespass to chattel.

However, we do not usually think of the vending machine as smart or its implied contract of sale to be a smart contract.

With an implied contract, a written or verbal agreement is not necessary.

However, just to be on the safe side, as a Slaw columnist, I am giving the Administrator notice that I insist that my remuneration be doubled immediately, before the terms of our implied contract can be amended against my interests.

For an implied contract to be created, there must be an unequivocal offer, an unequivocal acceptance, mutual intention to be bound, and also consideration.

This creates an implied contract between you and the owner of the gas station.

The implied contract exception applies in states where employers have employees sign at - will employment contracts but include in the contract or employee handbook the statement that they will only be terminated for «just cause» or something similar.

For example, if you fill your car up with gas, an implied contract is created for the sale and the purchase of gas.

The basic exceptions that some states require are the public policy exception, the implied contract exception, and the covenant of good faith exception.

«On appeal, the Ninth Circuit originally split the baby, holding for the studio on the copyright violation, but holding for Grosso on his state law claim of breach of implied contract.

ruled that an unmarried partner may be entitled to relief upon a showing of an express contract or a viable equitable theory such as an implied contract or unjust enrichment.

(8) Where two or more persons are liable to pay compensation under this section, they are jointly and severally liable to the person suffering the loss, damage, cost or expense but as between themselves, in the absence of an express or implied contract, each is liable to make contribution to and indemnify the other in accordance with the following principles:

When products are sold in England and Wales there there is an implied contract term that the goods supplied under the contract are of satisfactory quality.

Defending Caltech against allegations of retaliatory termination and breach of implied contract.

Jurisdiction — Sales Agency Agreement including an arbitration clause — Identity of parties to the arbitration clause — Implied contract — Construction of notice of arbitration — Arbitration Act 1996, section 67.

The plaintiff in a palimony case must provide some legitimate foundation for the claim, such as an implied contract.

Ms. Marvin lost her case because she didn't prove to the court's satisfaction that such an implied contract existed.

The stickier exception for most employers is the implied contract exception, which applies when the court feels that good faith and fair dealing have been mandated by the at - will employment contract.

On the other hand, implied contracts are just as they sound - the details are assumed.

All three of these exceptions — the public policy exception, the implied contract exception, and the covenant of good faith exception — mitigate the strength of the at - will termination power.

The implied contract exception is recognized in all but thirteen states.

You are entering an implied contract every time you make a purchase at your favorite store, order a meal at a restaurant, receive treatment from your doctor or even checkout a book at your library.

$ 240 Million Jury Verdict against The Walt Disney Company for breaching a confidential relationship, stealing trade secrets, and breaking an implied contract.

To recover for quantum meruit (sometimes referred to as quasi-contract or implied contract), the plaintiff must prove (1) it performed a service to benefit a defendant, (2) it did not perform the service gratuitously, (3) defendant accepted the benefits of plaintiff's services, and (4) no contract existed to prescribe payment for the service.

However, while Illinois law allows alternative pleading, plaintiffs should take pains to make sure they don't incorporate their implied contract facts into their express contract ones.

In fact, employers that claim salaried employees are not entitled to overtime, either in writing or through an implied contract, would be contracting out of employment standards law.

He has experience with an vast number of federal and New York employment laws, including: anti-discrimination laws (Title VII, ADA, ADEA, Equal Pay Act, and New York State and City Human Rights Laws); wage and hour laws (FLSA and New York Labor Law); New York trade secret and restrictive covenant laws; the FMLA; Title III of the ADA; employment contract and implied contract claims; whistleblower claims; WARN Acts; defamation claims; and tort claims.