There will also generally be unlimited
liability for any breaches of contract, exposing you to significant risk.
Not exact matches
To the fullest extent permitted by law, these disclaimers and limitations
of liability apply to any and all damages or injury whatsoever caused by or related to use
of, or inability to use, the Help Scout Service under any cause or action whatsoever
of any jurisdiction, including, without limitation, actions
for breach of warranty,
breach of contract or tort (including negligence).
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR
LIABILITY TO YOU IN RESPECT
OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN
CONTRACT, TORT OR
FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.
The limitations and exclusions
of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all
liabilities arising under the disclaimer or in relation to the subject matter
of this disclaimer, including
liabilities arising in
contract, in tort (including negligence) and
for breach of statutory duty.
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.
The limitations and exclusions
of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all
liabilities arising under the disclaimer or in relation to the subject matter
of this disclaimer, including
liabilities arising in
contract, in tort (including negligence) and
for breach of statutory duty.
15.3 Each
of us agrees that our only
liability in respect
of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be
for breach of contract.
He also handles cases involving the defense
of claims
for premises
liability,
breach of contract, negligence, gross negligence, and violations
of consumer protection statutes.
Since tort damages are recoverable, the courts have attempted to carefully define the range
of potential defendants in interference cases to ensure that the
liability of the
contracting parties is limited to damages available
for breach of contract.
She has represented both plaintiffs and defendants in cases on a wide variety
of claims, including
breach of contract, fraud, defamation, and civil
liability for cyberstalking.
But there are categories
of civil litigation matters
for breach of contract, fraud, insurance, product
liability, and many more, and we can train a Deep Learning algorithm
for any
of them in an automated way.
Other representative matters he has handled include representation
of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action
for interference with
contract, a member
of a limited
liability company in an action alleging
breach of fiduciary duty, and several clients in commercial,
breach of contract actions.
Before working
for our firm, Patrick Montgomery worked in Birmingham as a partner
for another law firm defending businesses in civil litigation covering wrongful death, catastrophic personal injury,
breach of contract, product
liability, automobile and trucking negligence, and premises
liability.
A party is not entitled to enjoin the
breach of a
contract by another, unless he himself has performed what the
contract requires
of him so far as possible; if he himself is in default or has given cause
for nonperformance by defendant, he has no standing in equity... Having committed the first
breach, the general rule is that a material
breach of the Agreement allows the non-breaching party to treat the
breach as a discharge
of his
contract liability.
Usually, the only way you could be sued
for breach of warranty
liability is by the company that employed you
for breaching your
contract with them, and only pursuant to the terms
of that
contract.
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
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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 ABOV
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
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 ABOV
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 ABOV
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 ABOV
OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.
The latter held that the
liability of a
contracting authority
for the
breach of EU public procurement rules under the remedies directive is assimilated to that
of the State under the general EU law doctrine
of State
liability and thus requires a sufficiently serious
breach (Nuclear Decommissioning Authority).
Represented a health care system in South Texas in a lawsuit against former insurance agents
for violations
of the Texas Insurance Code, violations
of the Texas Theft
Liability Act, conversion, fraud, fraud by non-disclosure, negligent misrepresentation, and
breach of contract.
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.
Counsel
for plaintiff in multi-jurisdictional dispute in Texas and New York involving trade secret misappropriation and
breach of contract involving third party
liability services
for state Medicaid agencies.
Connecticut business litigation lawyer & attorney Neyah Kane Bennett
of Aeton Law Partners LLP, offering services
for non-compete agreements,
breach of contract, interference with
contracts, severance packages, home improvement lawsuits, partnership and business disputes, cyber
liability, privacy laws, data loss, technology errors, domain name disputes, defamation, slander, trade secrets, non-disclosure agreement, copyright infringement, software licensing, shareholder rights, business fraud, uniform commercial code, serving Hartford, Middletown, Glastonbury, East Hartford, Manchester, Wethersfield, Windsor, South Windsor, New Haven, Waterbury, Meriden, Rocky Hill, Berlin, Enfield, Bloomfield, New Britain, Southington, Bolton, Vernon, Rockville, New London, Milford, Bridgeport, West Hartford and the state
of Connecticut.
Electron wanted the deal to include language limiting Electron's
liability for third - party intellectual property claims and maintaining their right to sue Morgan Stanley in the event
of a
contract breach, writes Kathryn Rubino.
Obtained summary judgments
for companies on
breach of contract, misappropriation
of trade secrets, tortious interference, premises
liability, fraud, and unjust enrichment claims.
Breach of construction
contract claims including claims
for damages due to delay, loss
of productivity, non-performance
of contractual provisions, warranty claims and product
liability claims
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.
We act
for parties involved in all manner
of business disputes including
breach of contract claims, shareholder and partnership disputes, product
liability claims, defamation / protection
of reputation, insurance and bond coverage disputes, and negligence claims against professionals including lawyers, auditors, accountants and investment advisors.
He practices in the full range
of complex commercial litigation, and his experience includes litigating claims
for breach of contract, strict products
liability, negligence,
breach of warranty, false advertising, unfair competition and violations
of California's Proposition 65.
Allen's representative work includes the successful defense
of a multi-million dollar insurance coverage and rescission suit by Lloyd's
of London; dismissal
of a six - figure claim
for retroactive premiums against the St. John Community Development Center; summary judgments (affirmed on appeal) against Essex Insurance Company and Liberty Mutual Fire Insurance Company
for breach of their respective insurance
contracts; trial verdicts against Allstate Fire and Casualty Insurance Company and Liberty Mutual
for insurance bad faith; and numerous confidential five, six, and seven figure settlements reached in insurance disputes
of all types (including residential and commercial property, commercial general
liability, auto
liability, errors and omissions, negligent procurement, and insurer bad faith).
This formulation represents the traditional version
of the tort which imposes
liability upon a defendant
for inducing
breach by a plaintiff's promisor, such as when a defendant intentionally and without justification induces a plaintiff's employee to
breach an employment
contract and come to work
for that defendant.
The FTCA does not bar suits
for breach of contract, does not bar suits
for injunctive or declaratory relief, and does not bar suits against government employees
for money damages
for intentionally violating someone's civil rights (even though some union
contract indemnify and defend government employees
for civil rights violations, in practice, converting tort
liability of an individual into contractual
liability of the United States government).
This is limited though: if either
of you have
breached the original
contract and become liable (e.g. one
of you owes the other heaps
of money
for damages), then those
liabilities will remain.
Examples
of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(
liability of non-employer
for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(claims arising from alleged
breaches of restrictive covenants in employment
contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a claim alleging that a public official had committed the tort
of misfeasance in public office when discharging a licensing function, OOO and others v The Commissioner
of Police
for the Metropolis [20011] EWHC 1246 (QB)(claims by young foreign females that they had been trafficked into the UK by foreign nationals
for the purpose
of slavery and that officers
of the Metropolitan Police Force
breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable
of South Wales Police [2016] EWHC 1367 (QB)(claims by retired and serving police officers
for false imprisonment, misfeasance in public office and malicious prosecution against South Wales Police arising from an investigation by officers
of that force into alleged criminal conduct on the part
of the claimants during the course
of an investigation into a notorious murder in South Wales.
In the absence
of a
liability waiver, parties to a
contract and liable
for the damage that a
breach of that
contract causes the other party.
As a result it is possible to find authority in the majority opinions in those two cases which treats
liability for inducing
breach of contract as unlawful interference with trade.
Additionally, given that
breach of contract is actionable without proof
of damage (if only
for nominal damages) a strong floodgates argument is likely to be deployed by defendants seeking to avoid
liability.
Waterman v. IBM Canada Ltd. 2013 SCC 70
Contracts — Remedies
for breach — Damages — Extent
of liability — Losses attributable to
breach An employer dismissed an employee.
THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM
OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE
OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION.
Freesumes shall not be liable
for any direct, indirect, minor, major, exemplary or special damages, including but not limited to financial loss, low profits, loss
of goodwill, data, credibility, peace
of mind or other intangible losses that may arise due to your ability or inability to use the resume templates and other resources, content, information, forums, social media or services being offered on the website, irrespective
of the fact that such
liabilities occur due to any kinds
of misrepresentation, tort, negligence
of duty,
breach of contract, or statutory responsibilities by Freesumes or otherwise, and the possibility
of such
liabilities was already conveyed to it.
Co. 347 F.Supp.2 d 880 (S.D. Cal, 2004), the U.S. District Court ruled that an exclusion
of claims
for breach of contract didn't bar coverage
for fraud under a nonprofit professional
liability policy.
The limitations and exclusions
of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all
liabilities arising under the disclaimer or in relation to the subject matter
of this disclaimer, including
liabilities arising in
contract, in tort (including negligence) and
for breach of statutory duty.
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
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
Although cases involving property management were once again the most frequent area
of liability, legal issues such as
breach of contract,
breach of fiduciary duty, and property disclosure were the major areas
of liability for residential practitioners.