Sentences with phrase «of breach of contract as»

Limitation poses no problem because the Limitation Act 1980, s 11 expressly applies to personal injury claims brought by way of breach of contract as well as in tort.

Not exact matches

Small businesses are sued for a wide variety of reasons, from breach of contract to product defects to employee relations to noncompliance with federal regulations (such as the Americans with Disabilities Act).

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

Qualcomm likely would oppose Apple's efforts to consolidate the cases, since it views its dispute with iPhone / iPad makers as a breach of contract action.

As part of the settlement, Trulia agreed to drop the breach of contract lawsuit it filed against Move in February, after ListHub announced it had terminated its syndication agreement with Trulia in the wake of Trulia's acquisition by Zillow.

The contract manufacturers» counter-suit comes as part of Qualcomm's a breach of contract legal action filed in May, after the contract manufacturers stopped paying patent royalties on Apple devices.

The DOL disagreed with the assertion that the rule creates a new private right to sue, «arguing that the applicable cause of action is breach of contract, which already exists under state law,» said Erin Sweeney, counsel at Miller & Chevalier, who has also served as senior benefit law specialist at DOL.

The NDP could have framed this debate as one of protecting Alberta jobs and an Alberta - based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its duty of procedural fairness in the RFP process in a substantive manner).

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

Chelsea, as per the Express, would claim breach of contract against Costa, who is the club's second highest earner with his current deal, which still has two years left to run, earning him # 185,000 - a-week.

Shula, who now owns a piece of the Dolphins as part of his recompense for breaching a 5 - year contract with Baltimore, naturally wanted to increase the value of his investment.

Had Suarez forced the issue, Liverpool would have been taken to court for breach of contract but only as part of a work tribunal.

One season with AC Milan was followed by a short spell with Real Betis, which was blighted by legal battles as the midfielder sued the club for breach of contract.

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.»

What damages may a party seek for breach of contract: the loss suffered as a result of reliance on the other or the loss of the benefits that the contract promised?

As for the infuriated unions, who insist furloughs would be an illegal breach of their contract, Paterson said: «You can't say nuts to everything... I'm here to protect all the tax payers of New York State, not some of them.»

He successfully argued that the NEC's decision amounted to a breach of contract with those who had paid to sign up as a member or registered supporter since January.

But it would seem to me that there should be an explicit recognition that unfaithfulness was a breach of the marriage contract between same - sex couples, just as it is for opposite - sex ones.

Coyne was suspended from his job as a Unite regional secretary six minutes after the ballot box was closed and later sacked for what the union described as a «fundamental breach of contract».

Account No. 0040437573 from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award, when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then NSA (To wit: criminal breach of trust and corruption) and thereby committed an offence contrary to section 15 (2)(d) of the Money Laundering (Prohibition) Act, 2011, as amended in 2012 and punishable under section 15 (3) of the same Act.

«That you, Olisa Metuh and Destra Investment Limited on or about the 24th November, 2014 in Abuja converted the sum of N400m paid into the account of Destra Investment Limited with Diamond Bank Plc, Account No: 0040437573 from the account of the office of the National Security Adviser with the Central Bank of Nigeria without contract award when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then National Security Adviser (To Wit: criminal breach of trust and corruption) and thereby committed an offence contrary to Section 15 (2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15 (3) of the same Act.

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.

But, as I read it, Cengage charged Kno with breach of contract, gave Kno 30 days to remedy the breach (which I suspect is specified in the contract between the two companies), and when Kno didn't remedy the breach by the end of 30 days, cancelled the contract.

As it looks now (per court documents, all of which can be accessed via PACER), even if the motion is successful, and / or Penguin / ASI gets the class allegations tossed, the breach of contract claim against ASI will go forward.

On behalf of his neighbors in Florida — as well as California — Nathan Nabors is attempting to take on Google in a breach of contract class action lawsuit, due to the continuing problems with the Nexus One's 3G signal.

This is not business and it is not just one or two publishers «fighting» with Amazon, characterizing a serious case of breach of contract by Amazon as childhood squabbles.

Author Solutions is known for such poor editing that they create more errors than they fix, and they're currently being sued for breach of contract (such as for failing to pay out royalties).

In fact, the Authors Guild posted a statement earlier this month saying it believes that Amazon is actually in breach of contract with some of the publishers whose books it's offering to lend — since the Guild says buying books in bulk (as Amazon has done in some cases, so it can offer them for free to subscribers) doesn't allow the buyer to lend those books in the way Amazon intends.

It can be viewed as a breach of contract, but Springleaf Financial does not charge this fee for its personal loans.

Some companies charge this fee because it may be viewed as a breach of contract or it is a way to make back on lost interest.

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.

Any person, as defined under this Act, violating any provision of this Act except breach of contract, upon conviction for the first offense, is guilty of a Class A misdemeanor.

Otherwise, he will be held responsible for the breach of the loan contract as well and legal actions will be taken against either of them in order to collect the money.

(8) A contract entered into pursuant to subsection (1) shall include a statement that if the terms of the contract are breached because a person adopting a dog, cat, or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the greater of $ 100.00 or actual reasonable costs incurred by the animal control shelter or animal protection shelter to enforce the contract.

Any misuse of the sellers / breeders bloodlines could result in irreparable damage to that reputation, therefore should a puppy that was sold as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession of the dog, recovery of punitive damages and recovery of all expenses associated in remedying the breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.

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.

The debacle was ignited earlier in the year as studio founders Jason West and Vince Zampella were fired on allegations of breach of contract and insubordination.

Yesterday, the Call of Duty: Modern Warfare community was shook by the news that Infinity Ward bosses Vince Zampella and Jason West were dismissed by Activision over what the publisher termed as «breaches of contract and insubordination.»

Crytek has demanded «all direct damages (estimated to be in excess of $ 75,000), indirect damages, consequential damages (including lost profits), special damages, costs, fees, and expenses incurred by reason of Defendants» breach of contract and copyright infringement» as well as a cut of the profit, punitive damages, and a permanent injunction against CIG's use of CryEngine.

As a result, Nintendo filed a lawsuit claiming breach of contract and attempted, in U.S. federal court, to obtain an injunction against the release of what was originally christened the «Play Station», on the grounds that Nintendo owned the name.

MOCA curator Alex Gartenfeld was named interim director in September 2013, but when the city refused to pay his salary, as well as building maintenance fees, the board sued for breach of contract.

For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchange.

An audit of the Department of Energy's (DOE's) Fiscal Year 2016 Nuclear Waste Fund financial statement, conducted by accounting firm KPMG for the DOE Office of Inspector General and released in December 2016, showed 38 lawsuits had been settled as a result of the DOE's partial breach of contract ensuing from inaction on Yucca Mountain, and 41 cases were resolved by final unappealable judgements.

«Commentary on litigation in the Windy City on topics such as business litigation, breach of contracts, fraud, building defects, real estate disputes, nursing home abuse, medical malpractice, auto accidents, truck crashes, dog bites, employment discrimination and class actions.»

She was later sent a letter from the club management reading: «Your actions can be considered to be theft in circumstances where you do not have permission to take Club food from the premises, and therefore a breach of your contract of employment... The gravity of your misconduct is such that the club believes the trust and confidence placed in you as its employee has been completely undermined...»

But, if the exact harm to the other party from impairing their absolute discretion or ignoring a strict reading of the contract and instead allowing an implied reasonableness term to color the meaning of the contract is material but is hard to quantify, and the consequences to the breaching party are crudely proportionate to that hard to quantify harm, then a waiver of the implied duty to be reasonable will usually be upheld as valid, as the consequences of not allowing reasonableness do not extend beyond the compensatory relief normally allowed in a contract.

This means breach of contract can be defined as a broken contract, stemming from failure to fulfill any term of a contract without a justifiable, lawful excuse.

However, the enforceability of such terms then depends on if such term was to be viewed (by a judge) as a condition to the contract or as a mere warranty, each with different effects of breach.

24.3 Each party agrees that it shall have no right or remedy (other than for breach of contract) in respect of any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.