Thus, the NAACP will not underwrite
ordinary damages actions, criminal actions in which the defendant raises no question of possible racial discrimination, or suits in which the plaintiff seeks separate but equal, rather than fully desegregated, public school facilities.
Not exact matches
RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of
action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates
ordinary negligence: and you further agree that you shall bring no claims, demands,
actions and causes of
action, and or litigation due to injury, including but not limited to serious bodily injury, death or property
damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Gray.
These propositions are written for the Canadian lawyer whose knowledge of the relevant Canadian law is such that a Superior Court (or equivalent) judge would consider that lawyer competent to prosecute or defend an «
ordinary» personal injury or property
damage action.
Before both Mr Justice Jack and the Court of Appeal the employee argued that the clause was not a condition precedent to the payment; instead it was only an
ordinary condition giving the employer an
action in
damages (ie once the amount had been paid); if successful in this, he would then have argued that the employers had not exercised their right to rescind the agreement and so had lost the right to
damages.
Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of
action for breach of an oral employment agreement, for wages, statutory liquidated
damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive
damages for intentional tort; order dismissing all causes of
action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of
action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive
damages which are not recoverable for
ordinary breach of contract