Sentences with phrase «liability of the breach of contract»

In Civil Law, the liability of the breach of contract is limited by the reparation of the loss, up to 130 % of the loss proved by the aggrieved party.

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.

By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third party.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

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 same applies in case of breach of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, to the extent such breach was unintentionally Design Hotels ™ liability shall be limited to typical damages foreseeable under the contract.

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 focuses her practice on complex business litigation and arbitration, including class action defense, breach of contract, product liability, and fraud.

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.

Mr. Boyajian helps clients involved in all manner of business disputes, including litigation of professional liability matters, business torts, breach of contract claims, and shareholder disputes.

Concentrating on litigation, including business disputes, breach of contract actions, officer and director liability, securities litigation, professional liability, trade secret litigation, elder abuse actions, and select personal injury matters.

Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.

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.

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

Common provisions of a Consulting Agreement include: scope of work; term or length of agreement; breach of contract clause; rate and terms of payment; covered expenses; assignment of copyrights; and indemnity from legal liability.

A U.S. court would allow a lawsuit to go forward in its courts if one of two main exceptions apply (there are other exceptions which are controversial and much less common and inapplicable on the facts of this question): (1) there is a breach of contract duly authorized by the national government, or (2) the liability arises from the non-governmental «commercial activities» of a governmental entity owned by the national government but not truly a part of it.

Michael Muse - Fisher represents public and private companies in a variety of state, federal and administrative cases involving contract disputes, commercial litigation, licensing and intellectual property matters, eminent domain / inverse condemnation, government tort liability, breach of fiduciary duty, as well as land - related torts.

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.

Among others, Mr. Ferdinand's experience includes, appellate litigation; bankruptcy adversary proceedings; bid protests, debarments, and appeals; breach of contract and Uniform Commercial Code claims; broker disputes; commercial landlord - tenant actions, including commercial evictions; condominium association litigation; consumer fraud and deceptive trade practices act claims; corporate governance; directors» and officers» claims; ethics and professional liability; health law; injunctions; insurance issues; lien claims, including commercial and residential construction liens; planning board actions; post-judgment collection; restrictive covenants; shareholder and partnership disputes; and shareholder derivative claims.

As part of her practice in employment and labor, civil rights, and directors and officers (D&O) liability, Tina has successfully represented many clients in claims brought under federal, state, and local laws governing fair - employment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and defamation.

Brandon's experience also includes general commercial litigation, including both plaintiff and defense matters based on contract, professional liability, breach of fiduciary duty and fraud.

She has represented clients in both federal and state courts in a variety of matters, including fraud, breach of contract, accounting malpractice, securities, lender liability and intellectual property cases.

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.

He has also represented corporations in professional malpractice, breach of contract, consumer rights, real estate, civil rights, product liability, construction, whistleblower, medical malpractice, class action and mass tort litigation.

He also routinely defends banks and financial institutions with respect to claims of fraud, lender liability, breach of contract and related claims.

His litigation experience includes trademark, copyright, unfair competition, unfair business practices, antitrust, entertainment, securities, products liability, tort, breach of contract and breach of warranty actions.

He also advises his clients on breach of contract, real estate disputes, business torts, breach of fiduciary duty and fraud claims, products liability, ERISA claims, enforcement of non-competes, and shareholder derivative suits.

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.

The policy can be tailored to the needs of the insured, regardless of the subject matter or jurisdiction and the type of insurance cover can range from something as simple as a breach of a supply contract or dispute with an employee through to highly complicated intellectual property or product liability litigation.

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 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 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 ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

There will also generally be unlimited liability for any breaches of contract, exposing you to significant risk.

Contract — Exclusion clause — Defendant contracting to overhaul engines of plaintiff's tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff's or defendant's standard terms applied — Whether defendant entitled to limit liability to price of quContract — Exclusion clause — Defendant contracting to overhaul engines of plaintiff's tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff's or defendant's standard terms applied — Whether defendant entitled to limit liability to price of qucontract — Whether plaintiff's or defendant's standard terms applied — Whether defendant entitled to limit liability to price of quotation.

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).

She has successfully handled appeals in a wide variety of substantive areas, including employment, banking, class action, product liability, breach of contract, tort and insurance matters.

Willie has prosecuted and defended claims involving breach of contract, tortious interference, state and federal antitrust, common law and statutory fraud, misappropriation of trade secrets, negligent misrepresentation, business disparagement, state and federal securities actions, product liability, nuisance, trespass, conversion, insurance coverage, corporate governance, breach of fiduciary duty, shareholder oppression, and qui tam.

He specializes on commercial, IP, and professional liability matters and has brought favorable results to several high - profile, confidential clients in breach - of - contract cases.

This paper offers some reflections on the position advanced by the EFTA Court that a simple breach of EU public procurement law is in itself sufficient to trigger the contracting authority's liability in damages (Fosen - Linjen).

Many of his cases arise from breach of contract, copyright and trademark infringement, right of publicity, false advertising, intermediary liability (DMCA and CDA § 230), privacy, defamation, IP licensing and chain of title matters.

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.

Her practice entails matters in state and federal court, including business torts, class action defense, products liability, breach of contract, breach of fiduciary duties and allegations of unfair business practice and fraud.

Prior to joining Lewis Wagner, Meghan was an associate in the New York firm Traub Lieberman Straus & Shrewsberry's insurance coverage group, where she represented insurance company clients in insurance coverage litigation, and advised insurers on exposure and liability issues in wide array of tort and commercial contexts, including mass tort and class action litigation involving pharmaceuticals, chemical, transportation, news and entertainment, and oil and gas; environmental suits; FDA compliance claims; unfair competition and false advertising claims; intellectual property claims; construction defect; personal injury; product liability; and associated breach of contract claims.

Justice Glenn Hainey ultimately found that the limitation of liability clauses did not apply to BDC's claims based on Experian's fraudulent misrepresentations and breach of contract and therefore did not preclude or limit any damages award on these grounds.