Sentences with phrase «result of the breach of contract»

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.

Wedlake Bell LLP, on behalf of Orientfield Holdings Limited, took on a claim in 2012 against Bird & Bird LLP for damages as a result of breach of contract and negligence.

If a sum is payable otherwise than as a result of a breach of contract, the rules on penalties do not apply (see Export Credits Guarantee Dept v Universal Oil Products Co [1983] 2 All ER 205, [1983] 1 WLR 399).

However, given the difficulty in assessing damages as a result of breach of contract, Century 21 was granted a permanent injunction against Zoocasa.com.

Not exact matches

What damages may a party seek for breach of contract: the loss suffered as a result of reliance on the other or the loss of the benefits that the contract promised?

Recent headlines (including the indictment last year of a Columbia University scientist charged with disclosing confidential clinical trial results to a hedge fund, in breach of his consulting contract with the trial sponsor) demonstrate the danger of disclosing confidential information to an outside company, especially when the information might be used in connection with illegal insider trading.

By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third party.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

You appearance in court with no offer of financial recompense to the lender will result in the judging ruling that you are in breach of contract and allowing the foreclosure to proceed.

No refunds will be issued if any breach in contract results in a repossession of the dog.

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.

Breach of a contract should result in removal of the puppy from the raiser along with a behavioral assessment of the puppy.

(5) Please note, we can not accept any liability for any damage, loss, expense or other sum (s) of any nature or description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

As a result, Nintendo filed a lawsuit claiming breach of contract and attempted, in U.S. federal court, to obtain an injunction against the release of what was originally christened the «Play Station», on the grounds that Nintendo owned the name.

For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchange.

An audit of the Department of Energy's (DOE's) Fiscal Year 2016 Nuclear Waste Fund financial statement, conducted by accounting firm KPMG for the DOE Office of Inspector General and released in December 2016, showed 38 lawsuits had been settled as a result of the DOE's partial breach of contract ensuing from inaction on Yucca Mountain, and 41 cases were resolved by final unappealable judgements.

Anticipatory breach of a contract could result in some award of damages.

«That chasm provided predictability for businesses that damages would be limited solely to economic losses — those losses that come from damages as a direct result of the contract breach (not punitive damages).

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

Unfortunately, relations between the Weirs and Oak Leaf Conservatories broke down and Oak Leaf commenced proceedings against the Weirs in the Technology and Construction Court in London for breaching the terms of their contract resulting in the contract coming to an end.

(and would this result in breach of contract if attending the meeting was required?)

Moore - Bick LJ, giving the leading judgment identified the primary issue as being «whether a person who suffers damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, but which would not otherwise have been made, can recover damages at large».

High earning employees may finally be afforded a more adequate remedy where a breach of contract has resulted in their termination and a loss of professional standing.

If the employer breaches that duty and the employee suffers economic loss as a result, he can claim damages either for negligent misstatement or breach of contract.

He also was lead counsel in a precedent setting case before the Third District Court of Appeals on the issue of whether bad faith claims could be pursued simultaneously with an insured's breach of contract claim, resulting in lower costs and exposure to insurers throughout the State.

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.

It fell within that rule because it was damage of a kind which the charterer, when he made the contract, ought to have realised was not unlikely to result from a breach of contract by delay in redelivery.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

Represented a major electronics / defense firm in a case involving allegations of lost profits resulting from alleged breaches of fiduciary duties and tortious interference with contracts in connection with an alleged joint venture relationship.

Represented a national staffing company in a lawsuit regarding alleged breaches of contract, breaches of fiduciary duty, wrongful termination, and fraud, resulting in a favorable settlement on the eve of trial.

He specializes on commercial, IP, and professional liability matters and has brought favorable results to several high - profile, confidential clients in breach - of - contract cases.

Filed emergency application seeking temporary restraints / injunction in NY Supreme Court against one of the largest integrated health systems in the U.S. concerning breach of contract claims asserted by voluntary benefits broker, which resulted in near immediate settlement of claims favorable to client.

Dallas personal injury and accident law defines a «tort» as an «unlawful violation of a private legal right other than a mere breach of contract, expressed or implied,» and maintains that «a tort may also be the violation of a public duty if, as a result of the violation, some special damages accrues to the individual.»

Although it is rare for a doctor or hospital to promise specific results from a procedure, surgery or treatment, if such a guarantee is given but not achieved, the failure to produce the promised outcome may give rise to an action for breach of contract or breach of warranty.

If that result is not delivered, the patient may attempt to recover under breach of warranty or breach of contract.

Exceptions apply to breach of contract cases — even if as a result of the beach of some contract you are injured or become sick, damages relating to the breach are taxable.

● In addition to the «safety angle», employees are now considering claiming that the employer's actions, resulting in psychological injury, have breached the implied term in their employment contracts of mutual trust and confidence.

A failure to attain that standard will amount to a breach of contract and may result in termination of the contract.

# 1,000,000 claim for breach of contract resulting from a failure to pay for goods supplied, the Defendant claiming that the goods were unfit for purpose.

Representation of two national wireless companies as local counsel in docket of litigation cases involving claims of trademark violations, breach of contract and unfair competition as a result of black market unlocking and reselling of prepaid wireless telephones.

We have extensive legal and practical knowledge of how public procurements should be run, enabling us to quickly advise on whether a breach of the Public Contracts Regulations 2015 or associated EU principles has occurred, and the strategic options available as a result.

The duty to mitigate requires a plaintiff who has suffered a loss as a result of a defendant's breach of contract to take reasonable steps to lessen or alleviate that loss.

The trial judge found no bad faith on the part of the insurer, but awarded Ms. Fidler aggravated damages of $ 20,000 for mental distress resulting from Sun Life's breach of the group disability contract.

The bullied employee may be able to argue that the bullying is a breach of contract that has resulted in a «constructive dismissal.»

Previously, an injured person had the right to sue their insurer for the wrongful denial of benefits, and for mental distress and punitive damages resulting from the insurer's breach of contract and bad faith conduct.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

Badly handled disciplinary procedures and issues result in many employment tribunal claims every year including for breach of contract, unfair dismissal and discrimination.