Sentences with phrase «mitigate on breach»

Ensure that the agreement expressly imposes a duty to mitigate on breach.

Not exact matches

«Where breaches can be traced, conditions have been imposed on exporters to mitigate and prevent recurrence within a supply chain.

Company provides expert insight on mitigating data breach fallout for organizations that are among the most targeted by cybercriminals

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of cMitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of cmitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of cmitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

But the burden which lies on the defendant of proving that the plaintiff has failed in his duty to mitigate is by no means a light one, for this is a case where a party already in breach of contract demands positive action from one who is often innocent of blame.

There are things you could do to potentially mitigate consequences in the event of a breach and a fine being levied on the company, such as aligning with best practices and getting certifications.

Although the contract does not provide for what damages would flow from a failure to terminate in good faith, based on the specific terms and circumstances of this contract, it is reasonable to infer that the parties intended that if the power to terminate was not exercised in good faith, then damages for breach would be based on the wages owed for the remaining term of the agreement, without a duty to mitigate.

A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach.

It contends that the alleged failures to comply are substantive breaches which may frustrate genuine endeavours to resolve the objection by negotiating directly on particular alleged impacts as it gives no knowledge of the nature of the same and the Government party can not, by condition or otherwise, make effective efforts to mitigate or avoid any particular impact.

[42] Overall the Northern Territory contended that the failures to comply with Form 4 were substantive breaches «which may frustrate genuine endeavours to resolve the objection by negotiating directly on particular alleged impacts as it gives no knowledge of the nature of the same and the Government party can not, by condition or otherwise, make effective efforts to mitigate or avoid any particular impact» see Roy Dixon para 18 (p. 15).