Sentences with phrase «performance contracts applies»

Not exact matches

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Charter schools are public schools of choice that are privately managed under a renewable performance contract that exempts them from many of the regulations that apply to other public schools.

The provisions of this Article shall apply in all circumstances in which any party to the contract conducted any contractual activity, including but not limited to solicitation, discussion, negotiation, offer, acceptance, signing, or performance in this State.

Second, if there is either insurance or a performance or payment bond that applies to the contract, keep track of all costs and expenses incurred in enforcing your client's rights.

Where the retainer involves a number of discrete proceedings, where there is a recovery in a proceeding the mischief addressed by the entire contract principle, the risk that the client will obtain no benefit from part performance of the retainer, does not apply,» Chiasson added.

The court adopted Slater Vecchio's definition of an entire contract, which applies when complete performance is required before there is any duty to pay.

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

The court also referred to a unanimous judgment from the Supreme Court of Canada (SCC), in which the SCC recognized a general organizing principle of good faith contractual performance — i.e., that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.

Parties to an employment agreement can not avoid the duty to perform the contract honestly by including language in the agreement that says the duty of honest contractual performance simply does not apply.

If the agent is bribed during the course of performance of a contract (i.e., after it has been entered into), then the principal may bring it to an end as from the moment of discovery (i.e., for the future); and the same will apply if bribery was effected at the time a «tainted» contract was entered into, but (for some reason) rescission ab initio is impossible.

Because the duty of honesty in contractual performance is a general doctrine of contract law that applies to all contracts, like unconscionability, the parties are not free to exclude it.

Second, as part of this principle of good faith, there is a duty that applies to all contracts; one that requires parties to act honestly in the performance of their contractual obligations.

The Limitation Act 1980 (LA 1980), s 36 is concerned with equitable jurisdiction and remedies and takes with one hand but gives back with the other in stipulating that the time limit under numerous sections of LA 1980 «shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief» except, tantalisingly:

Remarkably, the parties in P&O Nedlloyd were unable to produce any authority before 1 July 1940 (or thereafter) which provided a definitive answer to the question of whether or not the six - year time limit applicable to simple contract claims would have been applied to a claim for specific performance of a contract.

The model answer and your answer both miss a key consideration which applies in every dispute over the performance of a contract when one party is given discretion over how to implement the contract terms that have some level of ambiguity.

That bill called the services to which it applied its similar rules «Contracts Involving Sequential Performance for Services Provided at a Distance», perhaps (as the commentary cited here suggests) to avoid infringing on federal legislative competence over telecommunications.

The Supreme Court's ruling in Bhasin recognizes that a duty of honest performance applies to all contracts.

(1) Did the trial judge err by failing to apply the minimum performance principle set out in Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, in respect of the data conversion services portion of the parties» contract?

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.