Sentences with phrase «remedies for a breach of contract»

Most business contracts are written in a way that addresses remedies for breach of contract; if initial negations are not successful, then the situation moves into mediation and ultimately to court.

In many cases, the remedies for a breach of contract are written right into the contract itself.

Taking just the example of contract law, this is highly complex and you may not have the right to cancel a contract and claim all your money back or additional damages just because the other party breached the contract (see our page on remedies for breach of contract).

Further, that in light of the existence of the statutory remedy for unfair dismissal, parties to an employment contract are presumed to have intended that remedy would apply to claims within the Johnson exclusion area precluding the common law remedy for breach of contract.

(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract.

(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.

Not exact matches

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

It matters because if an author breaches the contract and places the work for sale herself on another venue, Kristin's only remedy is to file suit for breach of contract and ask for 15 % of the amount made.

Any misuse of the sellers / breeders bloodlines could result in irreparable damage to that reputation, therefore should a puppy that was sold as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession of the dog, recovery of punitive damages and recovery of all expenses associated in remedying the breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.

24.3 Each party agrees that it shall have no right or remedy (other than for breach of contract) in respect of any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

In broad terms, a tort is a civil wrong, other than a breach of contract, for which the judicial system or court is used to provide a remedy in the form of a required action for damages.

[172] There is no preferable procedure or meaningful alternative to the Superior Court adjudicating the Class Members claims» for negligence, conspiracy, inducing breach of contract, and for an oppression remedy.

The Assessed Group [Group 2] may be satisfied with the quantum of the award made by the OLRB and the outcome that the Defendants are liable to pay that award as the damages for their negligence, conspiracy, inducing breach of contract, or oppression remedy claim.»

Thus far, the existence of a mediation contract requiring confidentiality has not succeeded in affording any wider protection than that afforded by the without prejudice principle, albeit that a contractual remedy may afford a secure basis for the obtaining of an injunction to restrain a threatened breach of that confidentiality: see Venture Investment Placement Ltd v Hall [2005] EWHC 1227 (Ch), [2005] All ER (D) 224 (May) and David Instance v Denny Brothers Printing Ltd [2000] FSR 869.

Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

The teams presented arguments about the implication of terms in contracts and the availability of an account of profits as a remedy for breach of confidence before a distinguished judging panel comprising of Justice Vinodh Coomaraswamy, Mr. Gourab Banerji SA and Mr. Roderick Cordara QC.

Most standard form contracts provide for a series of notices to be given (to enable the party in default to remedy breaches) before a termination can become effective.

A legal action for breach of contract is a civil action, and any remedies awarded are designed to place the injured party in the position that party would have been in but for the breach.

The remedy for breach of the duty of fair presentation is avoidance of the contract (see LMA Model Clause 5257).

The latter held that the liability of a contracting authority for the breach of EU public procurement rules under the remedies directive is assimilated to that of the State under the general EU law doctrine of State liability and thus requires a sufficiently serious breach (Nuclear Decommissioning Authority).

Common law is still going strong in New Jersey: I can sue for the tort of negligence, trespass and deceit, I can seek equitable remedies like an injunction and estoppel and I can also sue for breach of contract.

And it provides a clear jurisprudential framework for courts to evaluate when a plaintiff knew or ought to have known that commencing a proceeding would be an appropriate means to remedy an alleged breach of insurance contract claim.

Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the contract provides explicitly for automatic termination at the expiry of the remedy period, or that they take a positive step at the end of the period to inform the breaching party that the contract has been terminated — failing which they may still be obligated under it.

To avoid any doubt, even where the contract specifically provides for automatic termination on the expiration of the remedy period, it may be advisable for the innocent party to inform the breaching party of termination without prejudice to its position that the contract has terminated automatically.

«One could scarcely imagine a more correspondent set of remedies as damages for fraudulent breach of contract and equitable compensation for breach of fiduciary duty in relation to the same factual situation.»

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 contract.

An action for damages for breach of the employment contract is probably not an adequate remedy.

It is important to consider the definition and consequences of breach, and under our law, certain types of contract require statutory notice periods for rectification of breach before one may avail themselves to the ordinary remedies attendant to breach.

Even if the respondent should have told the appellants in a more timely fashion that the barn would have no pigs at the time of closing, it did not amount to a breach of the duty of good faith, per Bhasin v. Hrynew, 2014 SCC 71, sufficient to trigger a remedy for the appellants given the terms of the contract.

If you are held in wilful contempt of court, the court is not limited to the money damages remedy that you would have to pay for breaching a contract.

In a separation agreement, a lawsuit for breach of contract is one possible remedy for breaking the promise of not hassling each other.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories

The choice to sue for breach of the sales contract is called a remedy «at law.»