Sentences with phrase «principles giving rise to the claims»

Neither the policies nor legal principles giving rise to the claims for framing the rights are the same.

A claim that cost consequences arose due to a breach — a party must show that such costs arose from the breach, not from an event which could not in principle give rise to a claim / counterclaim.

Not exact matches

And in Perry v Day Mr Justice Rimer held (at [62]-RRB- that, in the light of Giles v Rhind, it was arguable that there is an exception to the principle where the company fails to sue within the period available for it to do so because of ignorance of the facts giving rise to the claim.

The subrogation claim, although potentially applicable to non-signatories, did not give rise to fee entitlement because nothing allowed cross-complainant to step in the shoes of any party to the construction loan agreement — so, if cross-complainant could not recover for fees, Bank could not either under either contractual interpretation or Civil Code section 1717 reciprocity principles.

In relation to the fourth issue, however, his Lordship ruled that the UK was in sufficiently serious breach of the terms of the Second Directive so as to give rise, in principle, to a claim for damages.