Sentences with phrase «recoverable for»

First, whether or not the Terms of Use was indeed an enforceable contract, and if so, were damages recoverable for the breach of that contract?

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

Lords Dyson, Wilson and Mance held that the parties did not intend that damages would be recoverable for breach of the express terms relating to the disciplinary process.

The arbitrator determined that the charterers» contention was correct and that the outbreak of war in March 2003 had placed a temporal limit on the damages, none being recoverable for the period from 20 March 2003 onwards.

That is why, in Mahmud's case itself, damages were recoverable for financial loss flowing from damage to reputation caused by a breach of the implied term of trust and confidence.»

Damages that are recoverable for a victim's family include economic and non-economic damages.

The damages recoverable for wrongful death differ to some extent from other

The Supreme Court of Canada stated in Honda Canada Inc. v. Keays.1 that an award of moral damages is based on the principle, articulated in Hadley v. Baxendale, 2 that damages are recoverable for a contractual breach if the damages are «such as may fairly and reasonably be considered either arising naturally... from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties».

That case is currently pending before the U.S. Supreme Court on the issue of whether lost profits damages are recoverable for infringement occurring abroad (WesternGeco LLC v. ION Geophysical Corp., May 7, 2018, Chen, R.).

The majority proceeded to conclude that damages were recoverable for the negligent completion of the audit because the company had been exposed to reasonably foreseeable risks that could have been avoided with a proper audit.

Co. reaffirmed the principle that punitive damages are not recoverable for breach of contract.

Although recoverable damages are limited, this case does show that certain damages are indeed recoverable for the loss of an animal.

Therefore, punitive damages are «recoverable for a tort committed in connection with, but independently of, the breach of contract, where the essentials of the award of such damages are otherwise present, the allowance of such damages being for the tort and not for the breach of contract.»

These statutes set forth the damages recoverable for the death of a loved one, as well as who is able to bring the claim for damages.

[33] The appellant also argued that even if damages were recoverable for the respondent's diminished ability to care for her husband, as not too remote, as they were in Lynn, they would be recoverable under the heading of non-pecuniary damages and not as damages for loss of future care.

The ETF pays the withholding tax and this is not recoverable for Canadian investors.

Berg says a laser - powered plane could offer the long duration benefits of a satellite, while also being easily recoverable for repairs or upgrading.

Not exact matches

Adam Sieminski, head of the department's Energy Information Administration, said: «Today's report indicates a significant potential for international shale oil and shale gas, though the extent to which technically recoverable shale resources will prove to be economically recoverable is not yet clear.»

That's bad news for an industry that's seen its access to the world's 1.34 trillion barrels of recoverable oil reserves shrink to about 20 % as governments from Russia to Venezuela progressively nationalize their oil industries.

This past April, the United States Energy Information Agency released an estimate that fracking has effectively increased the volume of recoverable gas in the world six times over, to the point where it could satisfy current demand for 250 years — and that isn't counting a number of countries including Russia where the necessary geological data were unavailable.

He likened the financial sector to a house burning down — fair enough, as it is destroying property values, leading to foreclosures, abandonments, stripping (for copper wire and anything else recoverable) and certainly a devastation of value.

If you did that, I guarantee you that you would not see a 22 % difference between Canadian natural bitumen and Venezuelan extra heavy oil, and you'd be adding a strong incentive to reduce emissions for 434 billion barrels of recoverable reserves of extra heavy oil.

For example, if you have a retail space and add a fancy front desk for taking credit cards, the money you have spent on that front desk is not recoverable, from a cost standpoiFor example, if you have a retail space and add a fancy front desk for taking credit cards, the money you have spent on that front desk is not recoverable, from a cost standpoifor taking credit cards, the money you have spent on that front desk is not recoverable, from a cost standpoint.

For example, North Dakota's Bakken + Three Forks formations are estimated (as of 2013, USGS) to have a mean of 7.4 billion recoverable barrels, making total oil in those formations only about a year's worth of U.S. dependence.

For a Whiteheadian such as Cobb, the past has an objective ontological status.37 Not one occasion of past experience is lost; hence, all past time is recoverable and redeemable.

ANYhoo... add to that my failed sugar cookies for Christmas last year (waaay too soft after about 12 hours) and a spectacular fail from a quick bread mix (had to throw it away, it was so undercooked and not recoverable).

Perhaps for a normal kid with mild stress some of this is recoverable, but for extreme stress, or a kid with anxiety, this is a total loss, and one - way step towards further disengagement.

«No - one can say what the impact might be on gas prices in the UK, but we shall not see serious production for at least 10 years even if the reserves are both proven and economically recoverable.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

But it remains to be seen if this gas is recoverable or good for burning.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

Tony Trapp, managing director of Engineering Business Ltd. in England, calculates that capturing just 1 to 2 percent of global wave power — the share he considers recoverable — could supply 13 percent of the world's current demand for electricity.

If test drilling revealed recoverable oil reserves, she says that a company would have to plunk down another $ 2 billion for an oil rig.

Most of those reserves, nine times the 102,000 tonnes currently identified for the U.S., are no longer considered «known recoverable reserves» because they would cost more than $ 80 / pound to produce, the estimated cost of production used in Table 1.

This can be done via such methods as determining your MRV (Maximum Recoverable Volume) for yourself and the phase you're in or by tracking and manipulating the volume with specific fatigue work.

«Victoria's Secret Fashion Show» fans are getting scammed into dropping tens of thousands of dollars for a prized ticket to the China show If you, a friend or loved one lost money in a scam involving Western Union, some or all of those funds may be recoverable thanks to a more than

If you, a friend or loved one lost money in a scam involving Western Union, some or all of those funds may be recoverable thanks to a more than «Victoria's Secret Fashion Show» fans are getting scammed into dropping tens of thousands of dollars for a prized ticket to the China show

This normally extinguishes just about any amount of recoverable trailer sway, but keep in mind that the trailer needs electronically controlled brakes for it to activate.

As the PWL paper notes, since no tax slips are issued for dividends received in registered accounts, any foreign withholding taxes incurred are not recoverable.

What you typically want to look for is marketable product, sometimes called reserves or recoverable material.

At Nevada's current 427 K barrel rate of total annual production (painfully eked out at a measly daily average of 16.5 barrels of oil per well), it promises 157 years of brand new recoverable oil production for the state & the company.

In an RRSP, you get two levels of withholding tax and neither is recoverable, which makes this structure particularly tax - inefficient for international equities.

Ok, your valuation for prospective reserves is fine, but the reason people are invested here is because there is strong evidence to suggest that this are real, commercial, recoverable reserves.

«The liabilities for environmental, asbestos and latent injury claims and claims expenses net of reinsurance recoverable were approximately $ 13.9 billion at December 31, 2011.»

Whilst your creditors will agree to your Insolvency Practitioner receiving a fee from your monthly payments for managing the IVA, it's important to keep in mind that if your IVA fails, any fees paid up to that point will not be recoverable.

The liabilities for environmental, asbestos and other latent injury claims and claims expenses net of reinsurance recoverables were approximately $ 13.7 billion at December 31, 2013 and $ 14.0 billion at December 31, 2012.

Starfleet Canine Aid Foundation SCAF was created to provide financial aid to owners or rescue organizations that could not otherwise afford medical treatment for the curable disease or recoverable accident of a canine companion.

I understand that large estimates of recoverable fossil fuels are central to making a case for the risks of burning those fuels, but the longer term risk, if we manage to survive burning everything we've got in the ground, is taking a path that is completely dependent on those fuel sources and finding ourselves living on a baked planet with no energy to do anything about it.

«9 Based on the IEO2006 reference case forecast for coal consumption, and assuming that world coal consumption would continue to increase at a rate of 2.0 percent per year after 2030, current estimated recoverable world coal reserves would last for about 70 years.»

The National Energy Technology Laboratory «EOR Primer» states that «somewhere around 85 billion barrels of oil are recoverable using CO2 EOR, which currently is responsible for about 4 percent of U.S. oil production, displaying a long - term growth trend that stands in stark contrast to the long - term decline trend for U.S. oil production overall.