Sentences with phrase «terms of breach of contract»

Not exact matches

Pearson filed the suit on Monday in the U.S. District Court of New Jersey, saying Valeant breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.

TheBlaze told ABC in a statement that it has not breached the terms of its contract with Lahren, despite stopping her show.

Daniels can be fined $ 1 million for each breach of the nondisclosure agreement, according to the terms of the contract.

And according to Shaolaine Loving, a Las Vegas attorney, you «will be entering a legally binding contract allowing [the lender] to sue if [you] breach any of the repayment term.»

Your failure to comply with the Terms of Use will constitute breach of contract and will violate Icelandic Glacial's copyright, trademark and other proprietary and intellectual property rights.

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-.

The emails and documents show that negotiators had agreed to terms that included a $ 20,000 breach of confidentiality clause in the contract should any of those involved in the deal go back on the settlement terms.

For termination of the contract, a breach of the conditions specified in these Terms and Conditions has to be identified.

Either party may terminate this contract during the term with immediate effect upon written notice to the other party if the other party commits a material breach of this contract and the defaulting party fails to remedy such breach within 14 days of being given written notice to do so.

APSCo's education code of conduct was developed in conjunction with NAHT and states that our members «shall not misrepresent pay rates, contract terms, assignment duration or other subjects relevant to the relationship between the member, the client and the candidate» and shall not «unfairly prevent a candidate from pursuing other opportunities, nor will they induce candidates to breach or improperly interfere with a contractual relationship with a client».

I spent almost two hours arguing with CSRs and the Office of the President the other day that Rogers DID breach the terms of the contract by changing LCAs, then they finally conceded by giving me free LD for two years and 50 % off my ECF.

It is very clear that Chase entered into contracts with us, e.g., 3.99 % fixed for the life of the balance, and now wants to breach those contracts because they do not like the terms that they agreed to.

To start with, your failure to maintain renters insurance per the terms of your lease is, at its core, a breach of the contract.

Ask your legal adviser to explain the contract so you understand the consequences of breaching any terms and conditions.

Ask your legal adviser to explain the fine print of the reverse mortgage contract so you understand the consequences of breaching any terms and conditions.

(8) A contract entered into pursuant to subsection (1) shall include a statement that if the terms of the contract are breached because a person adopting a dog, cat, or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the greater of $ 100.00 or actual reasonable costs incurred by the animal control shelter or animal protection shelter to enforce the contract.

You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in eqterms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in eqTerms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in eqTerms, in addition to any other available remedies under contract, at law or in equity.

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.

Yesterday, the Call of Duty: Modern Warfare community was shook by the news that Infinity Ward bosses Vince Zampella and Jason West were dismissed by Activision over what the publisher termed as «breaches of contract and insubordination.»

But, if the exact harm to the other party from impairing their absolute discretion or ignoring a strict reading of the contract and instead allowing an implied reasonableness term to color the meaning of the contract is material but is hard to quantify, and the consequences to the breaching party are crudely proportionate to that hard to quantify harm, then a waiver of the implied duty to be reasonable will usually be upheld as valid, as the consequences of not allowing reasonableness do not extend beyond the compensatory relief normally allowed in a contract.

The end user is likely to be in breach of Netflix's Terms of Use (relevant clause extracted below); in this case, Netflix would have to sue for breach of contract, and it is quite likely that judgement would be in their favour.

This means breach of contract can be defined as a broken contract, stemming from failure to fulfill any term of a contract without a justifiable, lawful excuse.

However, the enforceability of such terms then depends on if such term was to be viewed (by a judge) as a condition to the contract or as a mere warranty, each with different effects of breach.

The EAT, overturning the ET decision, held that the salary cut was a breach of both the express term of his contract relating to salary payment and the implied term of trust and confidence.

Representing an equipment leasing company in a contract dispute against an assignor of leases alleging breach of a perfect pay provision and a $ 25 million guaranty under the terms of an assignment agreement.

It is increasingly common (as happened in this case) for breach of the implied term of trust and confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root of the contract).

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.

When deciding whether the breach was repudiatory, the EAT held the question was not dependent on whether it is fair to change the terms of the contract, but on whether the contract was broken in a sufficiently serious way.

This point on «reasonable and proper cause» came up recently in the case of Mostyn v S and P Casuals Ltd, where the EAT held that threatening to impose a significant pay cut could not amount to «a reasonable and proper cause» and was in breach of both express and implied terms of the contract.

His duty can be so explained, for a doctor can be sued for breach of an express or implied term of contract, which binds him to use due care.

It is well - settled that when a contractual term provides for liquidated damages payable in the event of a breach, this term is enforceable only to the extent that the liquidated damages are a genuine pre-estimate of the loss flowing from that breach of contract.4 Where parties stipulate in a contract the sum to be paid in the event of a breach, the contract sum is enforceable if it is a genuine pre-estimate of loss but not if it constitutes a penalty.

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.

You may have a strategic interest in showing people that there are consequences for a breach that keeps everyone else following the terms of the contract.

Common provisions of a Consulting Agreement include: scope of work; term or length of agreement; breach of contract clause; rate and terms of payment; covered expenses; assignment of copyrights; and indemnity from legal liability.

On learning of the conviction and friendship, the local authority held a disciplinary hearing where it was decided that Reilly had committed a serious breach of an implied term of her contract of employment amounting to gross misconduct.

In Edwards, Moore - Bick LJ held that Johnson v Unisys was irrelevant to Mr Edwards's claim as he was relying upon a breach of an express term of the contract.

While Johnson prohibited the implication of any term into a contract that required an employer to operate their disciplinary procedures fairly, that did not mean that an employee could not claim damages for breach of an express term.

Breach of Contract When you sign up with each of those services you are entering a legally binding contract and must comply with the terms of that cContract When you sign up with each of those services you are entering a legally binding contract and must comply with the terms of that ccontract and must comply with the terms of that contractcontract.

I think it is more in «you have breached the terms of your contract so we may fire you without compensation».

Under the first branch of the test, courts must determine: (a) whether a term of the employment contract has been breached and (b) whether the breach has «substantially altered» an essential term of the contract.

Defending claims for liquidated damages and advancing claims for Permissible Delay and damages for additional build costs, breach of terms of build contract, including terms relating to advertising and promotional activities and late payment of instalments.

The first is to show that the employer has breached an essential term of an employment contract through a unilateral action.

The breach of contract did not alter a fundamental term of the employee's contract, rather, it was a «disagreement over the interpretation of the application of [his] contract».

Patent owners may consider bringing claims for interference with contract against competitors who encourage customers to breach their contractual obligations by transferring products in violation of purchase terms.

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.

The Court of Appeal found that the original trial judge did not make an error in applying the test, or in concluding that the breach of contract by the employer did not constitute a «substantial alteration to an essential term of the contract» or «an intention not to be bound by the contract».

In most cases, a breach of contract can be defined as broken promise, stemming from someone's failure to fulfill any term of a contract without a legitimate, lawful excuse.

The purchase and sale contract or an affidavit stating its material terms and stating that it is still effective, or both, could be recorded in the real estate records of the county where the property was located prior to closing, but it would be highly usual to do so absent a clear indication that a breach was imminent (because it is very rare for this to happen since the consequences are clear and it is so often an open and shut case) but it could come up if the seller believes that a condition under the original contract was breached and the buyer disagreed.