Sentences with phrase «upon breach of a contract»

This right is not conditional upon breach of a contract by either party.

The terms «penalty,» and «liquidated damages» are defined in the 1915 Supreme Court Case, Canadian General Electric [2]: «A penalty is the payment of a stipulated sum upon breach of the contract, irrespective of the damage sustained.

Ian Weatherall, a partner at Wragge & Co, explains that for a contractual payment provision to amount to a penalty, it must provide for payment upon breach of contract which is «extravagant and unconscionable in amount» when compared with the prospective loss.

Not exact matches

On April 29, Bhakta was notified of an «extraordinary board meeting» to be held on Friday, May 6, to discuss and vote upon Bhakta's removal for breach of contract.

Justice Aikawa further agreed with the submission of ICPC's counsel, E. A. Shogunle, that the 1st Respondent, ICPC, had established that there were reasonable grounds to suspect that certain high - ranking public officials and lawyers acted in abuse of their offices to facilitate a breach of contract with Chief Afe Babalola in order to confer corrupt advantage upon themselves in violation of sections 19 and 25 of the Corrupt Practices and Other Related Offences Act 2000.

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.

«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.

Any person, as defined under this Act, violating any provision of this Act except breach of contract, upon conviction for the first offense, is guilty of a Class A misdemeanor.

We also require that within four months of having adopted your new addition that at least one full round / session of group classes of obedience (they can range from 6 - 18 weeks) must be started and upon completion; proof (registration + completion) must be submitted and with having your signature on the adoption application / contract; you will be in a legal breach of your contract should this not be done.

We also require that within four months of having adopted your new addition that at least one full round / session of group classes of obedience (they can range from 6 - 18 weeks) must be started and upon completion; proof (registration + completion) must be submitted to BHRR's attention at BHRR and with having your signature on the adoption application / contract; you will be in a legal breach of your contract should this not be done.

The claimant won every single legal point germane to his primary case, but by the application of the «policy» point borrowed from the House of Lords» decisions in McFarlane and Rees — that a healthy child is a blessing rather than a detriment — the decision has conferred upon the IVF clinic effective impunity from the normal consequences of their breach of contract.

Professional services and private equity firms, manufacturers and media companies call upon Tim's knowledge and experience in commercial arbitrations and civil litigation arising from claims of fraud, breach of contract, malpractice and veil piercing.

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.

More specifically, most standard form construction contracts make provision for parties to terminate the contract upon the occurrence of specified breaches of contract, typically including:

Contract — Counterclaim for damages for repudiatory breach or renunciation — Contract terminated by defendant by reason of claimant going into administration — Whether claimant in repudiatory breach — Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.

Remedies such as injunctive relief, and the various legal theories upon which recovery may be had, including breach of contract and lien law trust violations, require complete analysis.

Whether this is a case of fraud, or pure breach of contract depends upon what a court or jury might say.

The attorneys at Deans & Lyons, LLP are routinely called upon to handle disputes over the formation and interpretation of contracts, the perfection of security interests, breaches of warranties, limitations on damages, available remedies, and many other issues that require a determination of whether — and if so, how — the UCC applies.

Any dispute between us relating to our representation of you, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and / or costs charged shall be submitted to binding arbitration through the Cincinnati Bar Association, upon the written request of one party after the service of that request on the other party.

Some of the most common are wrongful termination, discrimination, retaliation, violations of the Family Medical Leave Act, violations of the Fair Employment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees for expenses.

Despite the Bank's efforts to compensate its customers, the plaintiffs claim that the Bank and Wilson were (among other things) negligent, in breach of contract, and liable for intrusion upon seclusion.

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.

Stalwart Law Group attorneys regularly are called upon to litigate all types of commercial litigation matters, including breaches of contract, partnership disputes, real estate disputes, fraud claims, unfair competition claims, and others

This formulation represents the traditional version of the tort which imposes liability upon a defendant for inducing breach by a plaintiff's promisor, such as when a defendant intentionally and without justification induces a plaintiff's employee to breach an employment contract and come to work for that defendant.

If the defendant would have had to spend $ 1,000,000 to make the tracking system more accurate and greater accuracy would only have increased the amounts due based upon unique users by $ 10,000, it would probably not breach their duty of good faith and fair dealing to refrain from purchasing this more expensive and more accurate tracking software, particularly if the defendant made a $ 10,000 allowance for the estimated number of omitted unique users as a result of using less accurate tracking software and increased compensation under the contract accordingly.

It is further alleged that the defendants intentionally committed certain acts (said to be acts of bad faith and improper conduct bordering upon fraud) that impeded the transfer of assets, constituting breach of contract, and thereby caused the plaintiff to suffer specific financial losses.

So if your employer pays you less then what you have both agreed upon then you have the same remedies to your disposal that any breach of contract law provides.

The plaintiffs, in Condon v Canada, 2014 FC 250, sought certification under a number of causes of action, including breach of contract, intrusion upon seclusion (invasion of privacy), negligence and breach of confidence.

In the class action suit, Christy is asserting claims against the U.S. government founded upon the breach of express or implied contract claims to which the U.S. is a party,

In Bennett v Lenovo, the plaintiff alleged breach of contract, breach of the implied condition of merchantability, the tort of intrusion upon seclusion, and breach of provincial privacy laws as a result of the factory installation of an alleged adware program «Virtual Discovery» on certain Lenovo laptops.

To the fullest extent permitted by law, neither Bond Solon staff, material writers, presenters and trainers will be liable by reason of breach of contract, negligence or otherwise for any loss or damage (whether direct, indirect or consequential) occasioned to any person acting or omitting to act or refraining from acting upon the material within Bond Solon Products, except to the extent that any such loss or damage does not exceed the price of the Bond Solon product, arising from or connected with any error or omission in the material.

... the only way to return the employer to its original position was to deprive the employee of his bonus from the date of the breach onward, on the basis that «had [the employer] been aware that [the employee] was secretly diverting the company's assets and resources from September 3, 2007, [the employer] would most assuredly have terminated [the employee]'s employment contract as it did immediately upon discovering [the employee]'s dishonest activities.

Realtors sue for breach of contract re unpaid seller commissions based upon Listing Agreement wordings and prevail all the time, «else, what's the point of the Listing Agreement at all?

Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)- Buyer sues seller for fraud, misrepresentation, mistake of fact and breach of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affirmed.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained