Sentences with phrase «result of the breach»

The collision must also have been a foreseeable result of the breach, rather than the result of a factor outside the defendant's control.

The publisher also claimed that «as a direct and proximate result of this breach of the covenant of good faith and fair dealing, Activision has been forced to commit additional resources to Modern Warfare 3 ``.

From the wealth of illustration we cite only the dire result of the breach by King Saul of Joshua's oath to the Gibeonites (II Samuel, chap.

The filing continues: «As a direct and proximate result of this breach of the covenant of good faith and fair dealing, Activision has been forced to commit additional resources to Modern Warfare 3, institute litigation to seek a declaration of rights, and incur costs and attorney's fees, and will incur additional expenses».

Without any variation in a particular contract, this principle requires a party in breach to pay the bill arising from the consequences of what the parties reasonably contemplated as the probable result of breach, at the time they made their agreement.

«As a direct and proximate result of this breach of the covenant of good faith and fair dealing, Activision has been forced to commit additional resources to Modern Warfare 3, institute litigation to seek a declaration of rights, and incur costs and attorneys» fees, and will incur additional expenses in connection with securing the benefits of the MOU.»

He added that Target would pay for any fraudulent charges that had transpired as a result of the breach, as well as offer free credit monitoring services to affected guests for up to one year.

So far, Target has racked up more than $ 60 million in charges as a result of the breach, which was one of the largest for a retailer in history.

However, they were not a result of breaches to iCloud or Find my iPhone, despite earlier reports.

Avoiding security related headlines is the goal of every organization, as the results of a breach or hack can be devastating from both a financial and reputation perspective.

At a conference earlier this week, Verizon CEO Lowell McAdam denied rumors that Verizon could demand a significantly lower price tag for buying Yahoo as a result of the breach.

Chew, a co-defendant in the church's case, noted that his decision came after months of deliberation and only as a result of the breach between teaching and practice he saw at the church.

Security forces said they had altered their operational methods as a result of the breach but the opposition Social Democrats, who are currently fighting Merkel in a general election, are demanding a full investigation.

Humor Rainbow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Humor Rainbow.

If we do terminate as a result of a breach of any obligation under these terms and conditions such termination will be immediate and without notice.

Any loss, claim or injury based on errors or inaccuracies appearing on the Elegant Book Design website or within the author's written documents, including without limitation as a result of any breach of the terms of this agreement.

Another result of this breach is that credit reports now only show partial Social Security and account numbers as an added layer of protection, but a criminal who obtains your credit report illegally can still use it to do plenty of damage.

While Google Page rankings only change slowly, I noticed a trend where some of the blogs I assessed for the first edition have had their Google Page Ranks reduced to 0 or not available, perhaps as a result of breaches of the Google rules.

Forcillo had been granted bail pending the appeal decision, but he has been behind bars since late last year as a result of breaching his bail conditions.

Occasionally, injury occurs as a result of a breach in contract or in warranty.

[67] As discussed, a violation of the bright line rule on its face supports disqualification, even where the lawyer - client relationship has been terminated as a result of the breach.

Tim Bird, head of corporate at Wedlake Bell says that directors could be liable for damages if the company suffers a loss as a result of a breach.

This allows individuals to claim compensation if they have suffered damage as a result of a breach of the requirements of DPA 1998.

Hackland ordered the office of mayor vacated as a result of the breach of the MCIA in his Nov. 26 ruling, although he later clarified his decision to say that Ford could run in any by - election if he is unsuccessful on appeal.

A small business that has suffered loss as a result of a breach of competition law rules, but which can not afford the costs of litigation in the High Court, and the possibility of an adverse costs ruling against them if they lose, can shift that risk to the third - party litigation funder.

The elements of the tort of intentional interference with an advantageous business relationship are (1) the existence of a business relationship not necessarily evidenced by an enforceable contract, (2) the knowledge of the relationship on the part of the defendant, (3) an intentional and unjustified interference with that relationship by the defendant, and (4) damage to the plaintiff as the result of the breach of that relationship.

As a result of the breaches of privacy, the Plaintiffs commenced a class action against the employees of the Hospital (who allegedly accessed the records), as well as against the Hospital itself for failing to supervise those employees.

Under this law, a hotel owner and / or operator can be responsible to pay for a victim's damages, including medical expenses, lost wages, pain and suffering, and other economic and non-economic damages, if the hotel or one of its employees was negligent and that negligence caused the victim to get hurt (stated another way, the hotel breached its duty of care to keep its guests safe and as a result of this breach a guest was hurt).

Claimant employers need to carry out a cost - benefit analysis when deciding whether to pursue former employees for soliciting their clients, because even if they can show breaches of contract, they must demonstrate that they suffered loss as a result of those breaches.

However, although they had breached their employment contracts Global Risks had suffered no loss as a result of these breaches of contract and accordingly was not awarded any damages.

When asked specifically what damage he suffered due to the delay in payment, the Applicant could not express how much he had to pay as a result of the breach.

You must show that as a result of the breach of duty, that you sustained injuries.

Every tort is composed of a legal obligation, a breach of that obligation, and damage as the result of the breach of the obligation.

The prevailing legislative standard in Canada for a duty to report a breach of data security (loss of data, compromise, etc) seems to be that there is a real risk of serious harm as a result of the breach.

To succeed, it must be proved that a duty of care is owed by the defendant to the claimant, that the defendant has breached their duty of care, and that the claimant suffered damage as a result of the breach, subject to reasonableness.

Vehicle Control Services Limited were therefore entitled to issue parking charges to Ms Mackie as a result of her breach of contract.

You must then prove that there was a breach of this duty and that you suffered injury or loss as a result of the breach.

It must then be shown that the driver breached this duty, whether by disregarding traffic laws, driving recklessly, or driving while distracted, and, finally, that you sustained serious injury as a result of that breach of duty.

As a result of the breach, the plaintiff suffered injury when bitten by the dog.

The Sheriff ruled that Ms Mackie must pay Vehicle Control Services Limited the sum of # 24,500 as a result of her breach of contract.

To show that a defendant was negligent, a motorcyclist must prove: (1) he was owed a duty by the defendant (usually a duty to exercise reasonable care), (2) the defendant breached that duty, (3) proximate cause, and (4) damages suffered as a result of the breach of duty.

The British Columbia Supreme Court recently ordered a former Imperial Parking Canada Corporation («Impark») CEO to repay over $ 1.2 million in severance and to disgorge fees earned from and profits earned by his new company as a result of a breach of his fiduciary duties.