Sentences with phrase «of the actual damages sustained»

B. Any credit services business which is negligent in failing to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure.

In any such action, the owner may recover two hundred dollars or three times the amount of the actual damages sustained by him, whichever is greater, and may also recover costs of the action and reasonable attorney fees; but monetary damages and attorney fees shall not be recoverable from a good - faith purchaser or good - faith holder of the property.

Not exact matches

The Court of Appeal rejected the arguments, saying Mars Canada had an obvious interest in defending its trademark rights, and it did sustain actual damages given that its sales were cannibalized by the grey market products.

The Department maintains a recovery fund to make payments of certain actual out of pocket damages sustained by borrowers caused by acts of licensed residential mortgage loan originator.

The department maintains a recovery fund to make payment of certain actual out of pocket damages sustained by borrowers caused by acts of licensed mortgage banker residential mortgage loan originators.

Except as provided in subsection (a), any creditor who fails to comply with any requirement imposed under this chapter with respect to any person is liable to the person only for the actual economic damages sustained by the person as the result of the failure.

The department maintains a recovery fund to make payments of certain actual out of pocket damages sustained by borrowers caused by acts of licensed mortgage company residential mortgage loan originators.

The department maintains the mortgage broker recovery fund to make payments of certain actual out of pocket damages sustained by borrowers caused by acts of licensed residential mortgage loan originators.

In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a result.

Such damages are intended not to compensate a plaintiff for actual losses sustained as a result of a defendant's actions or actions, but rather to punish a defendant for egregious behavior leading to personal injury and to deter the same and similar defendants from engaging in the same sort of behavior in the future.

The cruise line is not «liable to the passenger for damages for emotional distress, mental suffering / anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury.»

To make out valid Consumer Fraud Act (CFA) claim under the Consumer Fraud Act a plaintiff must prove: (1) a deceptive act or unfair practice occurred, (2) the defendant intended for the plaintiff to rely on the deception, (3) the deception occurred in the course of conduct involving trade or commerce, (4) the plaintiff sustained actual damages, and (5) the damages were proximately cause by the defendant's deceptive act or unfair conduct.

I will consider believing that the action is about principle and not principal when I hear that both Mr. Waldman and his lawyers disclaim, in material filed with the court, any interest in keeping any of the money that they may succeed in forcing Thomson to disgorge beyond, for Mr. Waldman, any actual financial damage he can prove he has sustained (on even a substantial possiblity possibility - but-less than probability basis, assuming he can prove causation on the balance) and for class counsels fees whatever their time is actually worth.

Finally, the claimant must sustain actual or likely damage by proving a direct loss of sales; injurious association; injury through constant confusion; loss of licensing opportunity; dilution; or inferiority of the defendant's services or goods.

«[I] in an action for slander of title the following elements have to be proved: that the defendant published words in disparagement of the plaintiff's property; that such words were false; that such words were published with actual malice; (and) that the plaintiff sustained special damages as a result.»

The Department maintains a recovery fund to make payments of certain actual out of pocket damages sustained by borrowers caused by acts of licensed mortgage banker residential mortgage loan originators.