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?
Not exact matches
«Whenever... preachers, instead
of a lesson in religion, put [their congregation] off with a discourse on the Copernican system, on chemical affinities, on the construction
of government, or the characters or conduct
of those administering it, it is a
breach of contract, depriving their audience
of the kind
of service
for which they are salaried, and giving them, instead
of it, what they did not want, or, if wanted, would rather
seek from better sources in that particular art
of science.»
Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles
for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty
of good faith, unfair
contract terms (
seeks «recognition
of the competitive disadvantage faced by farmers» and extension
of unfair
contract terms protection to small business), collective bargaining (
seeks relaxation
of public interest test
for boycott approvals in agriculture markets, increase «ability
for peak bodies to commence and progress collective bargaining and boycott applications» on behalf
of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process
of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply
of drinking milk») and mandatory code
of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.
Former Louisville coach Rick Pitino is suing the school
for breach of contract,
seeking damages
of $ 38.7 million, wanting to be paid the remainder
of his
contract for being fired without cause.
«Gravity» Author Sues Warner Bros.
for Breach of Contract,
Seeks Percentage
of Film's Profit Tess Gerritsen claims that she is owed a «based upon» credit and a boatload
of money.
It simply provided greater notice and transparency
for parents and delineated
contract provisions and technical security safeguards, while
seeking to address misuse and instances
of breach.
On February 5, 2009, the landlord
of our premises located at 349 Oyster Point Boulevard, South San Francisco, California filed a complaint against us in the Superior Court
of California
for the County
of San Mateo alleging
breach of contract and termination
of our lease,
seeking a writ
of attachment and a temporary protective order,
for which a hearing was held on February 6, 2009.
Salby should sue
for breach of contract,
seeking special damages
for what was clearly not a good faith
contract negotiation and rather intended only to deprive him
of his voice and career; he should also file criminal complaints with the police
for the thefts and harassment.»
Meridian
sought an accounting
for the profit made on the re-sale to Yellowstone, or in the alternative, damages
of approximately $ 2.1 million
for breach of contract, fraudulent misrepresentation, and conspiracy.6
As you will see when you read the judgment below the wife was allowed to come back after the husband who had
breached the
contract, caused her financial distress and forced her to hire lawyers to
seek a higher amount
of support than she had originally bargained
for.
Be directory — «any party
seeking to bring a claim
for breach of this
contract shall do so within 30 days
of the issue
of...»
In this part
of the case, RMP
sought damages from Brent
for breach of the Public
Contract Regulations 2006 (SI 2006/5).
The claimant disputed that and brought an action
seeking a declaration that it was not liable
for breach of contract or duty.
[1] The appellant, who is a lawyer, brought an action in Small Claims Court against the defendant
seeking damages in the amount
of $ 14,933.22
for breach of contract.
Carriage
of goods by air — Carrier claiming air freight from defendant — Defendant
seeking to set off counterclaim
for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriage by air.
The former agent
sought more than $ 20 million in damages, asserting claims
for, among other things, unfair trade practices, fraud, conversion, misappropriation, and
breach of contract.
Prinova then commenced this claim against DMCT,
seeking to set aside the Release, and
seeking damages
for, among other things, negligence and
breach of contract.
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.
... Dave's father, William Brockie, is now suing the shock rock band
for the return
of his son's ashes and is
seeking $ 1 million
for breach of contract and punitive damages
for the unauthorized use
of his image.
Being sued
for issues related to
breach of contract, when someone is
seeking monetary damages, or any related issues, can be stressful.
Pitcock is
seeking compensatory damages
of $ 540,000
for breach of contract and $ 30 million
for injury to reputation.
The Applicant also
sought damages
for intentional infliction
of mental suffering and inducing a
breach of contract.
We have handled a variety
of construction related lawsuits, including construction defect claims,
breach of contract claims, indemnity disputes, additional insured issues, job site accidents and other tort claims
seeking damages
for personal injuries, wrongful death, property damage, economic loss and project delays.
However, We wish to inform you that we would be needing your firms legal help to assist us with a
breach of contract matter and also retrieve funds owed to our company.We ordered goods from Ace Hardware Corporation.and was asked to make a 50 % down payment
for goods to be delivered to us and that we did and up till date no goods were delivered.We asked
for a refund and they made a part payment and after that no other payment was made.We
seek legal help from your firm to help us collect these funds owed to our company as we do not wish to go any further with the said transaction.We have made several attempts in the past to collect these funds which all ended negatively.
For example, if your company's employee handbook states that employees who are terminated will receive severance according to a formula based on the employee's years
of service, and your company does not pay you the correct amount
of severance, our employment attorneys may be able to file a
breach of contract claim on your behalf
seeking the unpaid compensation.
Obtained summary judgment in complex litigation against a national cable television firm brought by a minority owner
of a large cable television franchise
seeking millions
of dollars
for breach of contract, fraud, and other torts.
This is illustrated in Gichuru v. Smith, 2010 BCCA 35, a case where a plaintiff, upon having his articling student employment with a law firm terminated, sued a law corporation and its principal
for breach of fiduciary duty and
contract,
seeking compensatory and punitive damages.
Obtained settlement in case litigated in Ohio federal court
for clinical research organization asserting
breach of contract and fraud claims and
seeking more than $ 7 million in compensatory and punitive damages.
Conducted witness preparation
for depositions and trial and conducted general trial preparation in connection with lawsuit involving dispute over purchase
of mineral interests; plaintiffs purported to
seek relief against named defendant under theories
of breach of oral
contract to purchase mineral interest lease, estoppel, reliance, and fraud.
Recently, Mr. Korniczky was lead counsel
for TCL Communication Technology Holdings in a three - week trial in a
breach of contract and declaratory judgment action it filed against Ericsson Inc. et al. in the Central District
of California
seeking a FRAND license to Ericsson's 2G, 3G and 4G SEP portfolio.
Sought injunction against Sapient Canada Inc.
for breach of contract during the implementation
of an SAP IT solution project.
seek to introduce contractual rights to request compliance - related information and the right to audit in our high risk supplier
contracts together with warranties and the right to terminate
for breach of our Supplier Code
Personal counsel then counterclaimed
for breach of contract and bad faith, and
sought judgment on the pleadings that $ 225 per hour was a reasonable fee, given market rates
for someone
of personal counsel's experience and abilities.
specific performance — where the court orders the party in
breach to perform the aspects
of the
contract it has failed to do — such orders are
sought in the unusual situation where parties exchange
contracts for a property but
for whatever reason the seller fails or refuses to complete on the sale.
Additionally, given that
breach of contract is actionable without proof
of damage (if only
for nominal damages) a strong floodgates argument is likely to be deployed by defendants
seeking to avoid liability.
By the time the matter reached the Court
of Appeal they instead
sought to rely on the analogous principle that an innocent party faced with a repudiatory
breach of contract can not choose to affirm the
contract, as opposed to accepting the repudiation and suing
for damages, if he has no legitimate interest in doing so.
Plaintiffs in the case are
seeking damages from an alleged
breach of contract for «return
of principal, interest, attorneys» fees and other foreseeable damages from the total loss
of this investment.»
They're
seeking monetary damages «in the hundreds
of thousands»
of dollars
for their contention that Sposito
breached his employment
contract with Prudential / Jon Douglas, which they say remained intact despite its purchase by Coldwell Banker.
Alternatively, the Tenant
sought monetary damages from the Seller
for breach of contract.
The Owner filed a lawsuit against Wheat,
seeking damages
for breach of contract and an accounting
of funds.
When a buyer
breaches a real estate
contract, a seller must decide whether to close the transaction,
seek specific performance
of the agreement or
seek monetary damages
for the
breach.
Some are
seeking breach of contract damages and some are going further and suing
for intentional tort damages (fraud) which bring with them the possibility
of punitive or exemplary damages.