Sentences with phrase «liable for breach of contract»

Here, the buyer risks being liable for breach of contract damages in a civil lawsuit (again, this depends on the contract — some contracts only allow a seller to keep the deposit in the event of a default by the buyer) unless he or she can prove a legal basis for backing out of the deal.

In upholding the Team Agreement and granting Plaintiff the full $ 150,651 commission owed pursuant to its terms, plus interest, the court stated that Plaintiff's former team members were liable for breach of contract and that they were «unjustly enriched at [Plaintiff's] expense.»

If the jury found that the Disclosure Statement falsely represented the property as having no structural defects, then the Owner would be liable for breach of contract.

If the jury found that the disclosure statement falsely represented the property as having no structural defects, then S&J would be liable for breach of contract because the disclosure had been incorporated into the contract instead of as a separate document.

If a staffing agency fails to do due diligence in their hiring processes and puts a worker who is unfit for employment or causes a threat to the employer, then the staffing agency may be liable for breach of contract claims.

The claimant disputed that and brought an action seeking a declaration that it was not liable for breach of contract or duty.

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.

Not exact matches

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.

Corporate Veil Smith's attorneys initially argued that much of what Smith was being sued for was outside of the scope of the home inspection, but as the case progressed they began to lean heavily on the argument that as a corporate officer, Smith should not be liable for the contract breach of SHI, the corporate entity, and consequently was not accountable for the alleged mistakes.

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.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

(c) have incorporated the Standard Contractual Clauses as specified by the EU (either Set I or Set II, but you can't modify or combine these) into their contracts to ensure they can be held legally liable and accountable for the protection of personal data and any breaches when / if applicable:

The Assessed Group [Group 2] may be satisfied with the quantum of the award made by the OLRB and the outcome that the Defendants are liable to pay that award as the damages for their negligence, conspiracy, inducing breach of contract, or oppression remedy claim.»

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.

Finally, 40 per cent of respondents indicated that they do not have contracts in place with third party e-marketing service providers even though organizations can be held liable for breaches by their service providers.

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.

The judge held that the delivery of a rig with a defective BOP was a breach of the drilling contract, but Transocean maintained that it could still claim day rates during the period of delay and that it was not liable for any spread costs by virtue of an exclusion clause in the contract.

«When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.»

Despite the Bank's efforts to compensate its customers, the plaintiffs claim that the Bank and Wilson were (among other things) negligent, in breach of contract, and liable for intrusion upon seclusion.

The court held that the corporate respondent was in breach of the implied term of good faith, Mr. Hrynew had intentionally induced breach of contract, and the respondents were liable for civil conspiracy.

(a) that the Claimants contracted with the Defendants to purchase package holidays at the Club Aguamar Hotel and stayed at the Club Aguamar Hotel between the dates set out in the schedule to the order, and (b) that the Claimants suffered gastric or other illness of various durations, and / or personal injury, and / or distress, inconvenience, loss and damage as a result of improper performance of the provision of services under the holiday contract, in respect of which the Claimants hold the Defendant liable (i) under the Package Travel, Package Holidays and Package Tours Regulations 1992, and / or (ii) by reason of breaches of the said contracts of various dates for the provision of holidays, made in writing, and within the jurisdiction of this Court, and / or (iii) by reason of the Defendant's negligence during the said period, and / or (iv) by reason of the Defendant's misrepresentations made on various dates and inducung the Claimants to enter the said contracts for the provision of holidays.

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.

«A contract breaker is not in general liable for any distress, frustration, anxiety, displeasure, vexation, tension or aggravation which his breach of contract may cause to the innocent party.

To the fullest extent permitted by law, neither Bond Solon staff, material writers, presenters and trainers will be liable by reason of breach of contract, negligence or otherwise for any loss or damage (whether direct, indirect or consequential) occasioned to any person acting or omitting to act or refraining from acting upon the material within Bond Solon Products, except to the extent that any such loss or damage does not exceed the price of the Bond Solon product, arising from or connected with any error or omission in the material.

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.

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.

Furthermore, Daring Education will not be liable for any damage caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of this site, whether for breach of contract, tortious behavior, or any other cause of action.

In an action by the purchaser for specific performance or damages against G and her parents, the purchaser's action was successful — G was liable for breach of the original contract.