Sentences with phrase «notice of the breach of contract»

Notices which relate to various business transactions including notices of breach of contract, acceptance of order, rejection of goods, notice of past due payment and more.

Despite the lease prohibiting this and the tenants receiving notice of the breach of contract with impending legal action — they still did not pay the rent.

Not exact matches

Local radio station WDRB reported that Pitino's lawyer followed up and served the school with a breach of contract notice on Monday.

Take notice that any party contracting with Debie Rise as a recording or performing artist and / or in respect of sales of any of her songs or anything to do with entertainment, without our prior consent / authorization would be doing so at its / his / her peril and we shall not hesitate to bring the full wrath of the law to bear on such individual and / or organization; including suing them for aiding and inducing breach of contract and account for profit.»

Either party may terminate this contract during the term with immediate effect upon written notice to the other party if the other party commits a material breach of this contract and the defaulting party fails to remedy such breach within 14 days of being given written notice to do so.

It simply provided greater notice and transparency for parents and delineated contract provisions and technical security safeguards, while seeking to address misuse and instances of breach.

2) I noticed that some of the rational is based on the assertion that the contract conditions have been breached.

If the employer dismisses the employee without giving the statutory (or contractual) minimum notice, the employer could be sued for breach of contract or «wrongful dismissal».

[16]... Damages for wrongful dismissal operate to compensate an employee for the employer's breach of the implied obligation in the employment contract to give reasonable notice of an intention to terminate the relationship in the absence of just cause.

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

In Apacheta Corp. v. Lincare, Inc., Apacheta sued for breach of contract in claiming that Lincare's termination violated the right - to - cure provision because Lincare neither provided notice of breach nor a cure period.

Where there is no written employment contract restricting rights at termination or the employment contract is void because it is in breach of the ESA, the appropriate notice period can be much greater than the minimums set out under the ESA.

This letter is used to provide written notice to a person or organization that is in default or breach of contract.

You want to provide written notice that a person or organization is in breach of contract.

Most standard form contracts provide for a series of notices to be given (to enable the party in default to remedy breaches) before a termination can become effective.

If you have a contract and can not reach an amicable solution quickly, you may need to send a Breach of Contractcontract and can not reach an amicable solution quickly, you may need to send a Breach of ContractContract Notice.

The agreements were due to expire simultaneously and by letter sent, at the last possible moment, Apollo served notice that the franchise agreements would not be renewed because of alleged breaches of contract and because the franchisee had failed to serve their renewal notices within the period specified by their franchise agreements.

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 contract.

For the purposes of a wrongful dismissal action, the employment contract is breached when the employer dismisses the employee without reasonable notice

A Breach of Contract Notice can help you get things squared away and back within the boundaries of the contract agContract Notice can help you get things squared away and back within the boundaries of the contract agcontract agreement.

Someone typically doesn't enter into a contract with the intent to breach; unfortunately, you might need a Breach of Contract Notice if those carefully laid plans don't wcontract with the intent to breach; unfortunately, you might need a Breach of Contract Notice if those carefully laid plans don't worbreach; unfortunately, you might need a Breach of Contract Notice if those carefully laid plans don't worBreach of Contract Notice if those carefully laid plans don't wContract Notice if those carefully laid plans don't work out.

A Breach of Contract Notice lets someone know that they're not upholding their end of the bargain.

Users that create Breach of Contract Notice sometimes need additional documents.

More than just a template, our step - by - step interview process makes it easy to create a Breach of Contract Notice.

A Breach of Contract Notice can help you make sure all your bases are covered.

«Impressive» team head Julie Middlemass has strengths in breach of contract claims, dilapidations, break notice disputes, forfeiture and contested lease renewals.

Some of the most common are wrongful termination, discrimination, retaliation, violations of the Family Medical Leave Act, violations of the Fair Employment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees for expenses.

There is one potential exemption to this where a PILON is not contractual but it is paid in order to avoid a wrongful dismissal, that is a dismissal in breach of the employment contract by not providing the employee with the right, or any, notice.

The majority stressed that the right to terminate on reasonable notice is an implied term — and not the breach — of an employment agreement, and therefore payment in lieu of notice is not damages for breach of contract, but is part of the compensation contemplated by the contract.

The Court of Appeal awarded bonus payments to Mr. Paquette, and in so doing confirmed that the basic principle in awarding damages for wrongful dismissal is that «the employee is entitled to compensation for all losses arising from the employer's breach of contract in failing to give proper notice.»

However, a breach of contract only occurs if the employer fails to provide the employee with proper notice of the dismissal.

The basic principle in awarding damages for wrongful dismissal is that the terminated employee is entitled to compensation for all losses arising from the employer's breach of contract in failing to give proper notice.

For a long time, Canadian courts did not recognize damages for mental anguish, as it was not something that could be claimed under breach of contract, especially if due notice was given in employment cases.

However, on the law the court held that the judge had been right to draw an analogy with employment law and to apply the case of S G & R Valuation Service Co v Boudrais [2008] IRLR 770, HC which had held that an employee in breach of contract loses any «right to work» that he has, so that an employer may insist on him serving out his notice, but not actually working, thus allowing his «neutralisation».

Many commercial contracts contain provisions allowing a party in breach of the contract a period in which to remedy the breach, once given notice of it from the innocent party.

It is important to consider the definition and consequences of breach, and under our law, certain types of contract require statutory notice periods for rectification of breach before one may avail themselves to the ordinary remedies attendant to breach.

In wrongful dismissal claims the cause of action usually arises when the contract was breached — i.e. when the employer dismissed the employee without reasonable notice: Jones v. Friedman, 2006 CanLII 580 (ON CA), 2006 CanLII 580 (ON C.A.), paras. 3 and 4.

In this case, the UK branch provided services under contract to its foreign subsidiaries, subject to a duty of confidentiality, and that is how certain documents — the disclosure of which would breach the foreign confidentiality laws — came to fall within the scope of the s 20 notice.

You warrant as a strict condition of this agreement that as at the date hereof... (b) there are no circumstances of which you are aware or of which you ought reasonably to be aware which would constitute a repudiatory breach on your part of your contract of employment which would entitle or have entitled the company to terminate your employment without notice.»

BC, breach of contract, British Columbia, common law, Damanges, employment law, inadequate notice of termination, reasonable notice, reasonable termination notice, repudiation of the contract, termination, termination letter, working notice, wrongful dismissal

Mr. Stohl's practice has included various litigation matters including mechanic's lien, design professional's lien, stop notice, payment bond, breach of contract, and Miller Act causes of action.

(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract.

(2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.

Apple yesterday confirmed that it has implemented power management features in older iPhones to improve performance and prevent unexpected shutdowns as the battery in the devices starts to degrade, and this admission has now led to a class action lawsuit, which was first noticed by TMZ.Los Angeles residents Stefan Bogdanovich and Dakota Speas, represented by Wilshire Law Firm, this morning filed a lawsuit with the U.S. District Court for the Central District of California accusing Apple of slowing down their older iPhone models when new models come out.Defendant breached the implied contracts it made with Plaintiffs and Class Members by purposefully slowing down older iPhone models when new models come out and by failing to properly disclose that at the time of that the parties