Sentences with phrase «performance as a remedy»

Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30

Wow are you saying that your state contract includes specific performance as a remedy for the Seller?

Not exact matches

As managers and academic researchers have tried to remedy the inadequacies of current performance measurement systems, some have focused on making financial measures more relevant.

But Chaffee believes that instruments such as GeMS are already starting to remedy years of poor scientific performance.

Keep in mind that it's normal to experience a certain degree of soreness and pain while performing eccentric exercise as a remedy for chronic tendon injuries, and with regular daily performance, the pain should dissipate after about 10 weeks of training.

Like many natural remedies purported to raise testosterone levels, pine pollen is said to offer such benefits as improved athletic performance, greater muscle mass, enhanced sexual function, and increases in energy and libido.

Patti Cake $ is a nice start toward remedying the lack of disaffected young women onscreen, with Danielle Macdonald's searing performance as a wannabe rapper mired in rundown New Jersey.

Meanwhile, James Marsden continues to build on a great year with his turn as the charming reporter, and while earlier roles seemed to indicate he lacked the range for leading man status, his highly underrated performances in «Hairspray» and «Enchanted,» as well as his work here, looks to remedy that in the coming months.

Concerns over our educational system, fueled by our students» poor performance in international comparisons of achievement, have reinvigorated the call for early academic instruction as a remedy for inadequate teaching later on.

Some techniques that may be appropriate, in addition to medical treatment and managed behavior modification, might include massage therapy to reduce anxiety and stress; training and participation in performance activities such as fly ball, obedience, agility, tracking, utility, field trials, sledding, weight pulling, etc.; possible application of acupressure techniques; use of herbal or other non-regulated supplements or «remedies»; or other forms of exercise and supportive care which might help to promote relaxation, calmness, confidence and comfort.

Specific performance and replevin remedies are tagged as well.

Through claims for financial recovery, specific performance or injunctive relief, I can help you pursue legal remedies to resolve a wide range of real estate law concerns, such as:

Where a real estate transaction has been terminated by a vendor and the purchaser still insists on closing, one remedy available to the purchaser as part of a lawsuit for specific performance of the contract is the issuance and registration of a certificate of pending litigation on title.

As to the latter, Hasham v Zenab [1960] AC 316, [1960] 2 WLR 374 shows that specific performance might be decreed even where no claim for breach of contract had (yet) arisen and the Court of Appeal in P&O Nedlloyd held that it was therefore wrong in principle to regard specific performance — as Mr Justice Colman had done at first instance — as being no more than an equitable remedy for an existing breach of contracAs to the latter, Hasham v Zenab [1960] AC 316, [1960] 2 WLR 374 shows that specific performance might be decreed even where no claim for breach of contract had (yet) arisen and the Court of Appeal in P&O Nedlloyd held that it was therefore wrong in principle to regard specific performance — as Mr Justice Colman had done at first instance — as being no more than an equitable remedy for an existing breach of contracas Mr Justice Colman had done at first instance — as being no more than an equitable remedy for an existing breach of contracas being no more than an equitable remedy for an existing breach of contract.

In the case of specific performance, it was the absence of correspondence between remedies and between the necessary supporting facts which was regarded as fatal to the application of s 5 by analogy in P&O Nedlloyd.

Question: If specific performance is not a proper remedy in the case quoted using the builder as an example, according to the court's findings — So, who advised the plaintiff (his lawyer?)

Something I would advise as well is to remove the specific performance remedy from contract — the Seller should be agreeable to only receiving the earnest money as a default remedy and still retain the property to sell to someone else.

With a purchase agreement, there is typically an option to specify either «liquidated damages» or «specific performance» as the remedy for a failed contract.

Specificially, you should cross out a portion of the first sentence of section 15 and replace it with some other language, so that it reads: «If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b), as Seller's sole and exclusive remedy, terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract.»