Sentences with phrase «was liable for breach»

The jury disagreed that the listing agent had a fiduciary duty to the buyer or that the broker was liable for a breach of fiduciary duty based on the agent's acts.

In an action by the purchaser for specific performance or damages against G and her parents, the purchaser's action was successful — G was liable for breach of the original contract.

Since the Peelle Company was responsible for Hank Peelle's actions (he was the directing mind of the company), it was liable for the breach.

The Delaware Supreme Court affirmed the trial court's conclusion that Siga was liable for a breach of the duty to negotiate in good faith, because Siga's proposal of significantly improved terms, and its unwillingness to negotiate on the basis of the detailed terms in the term sheet, constituted «bad faith.»

It did, however, lose the opportunity to build goodwill by strategically allocating its product during a time of shortage.107 To the extent the stock sale premium reflected this diversion of a corporate opportunity, the selling stockholder was liable for a breach of fiduciary duty.108 A corporate recovery would not have benefitted the selling shareholder — i.e., «those from whom the recovery is had» — but would have benefitted the parties who had induced the very breach that occasioned the recovery.109 The court accordingly ordered direct relief to the minority shareholders.110

Token issuers who make misleading statements may be liable for breach of contract, false advertising, and fraudulent or negligent inducement, to name just a few claims.

IN NO EVENT SHALL USTA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE.

Following some lengthy analysis of the facts and the previous decisions in the case, the district court «concludes that defendants are liable for breaching their fiduciary obligations and are liable beginning on August 16, 2001 — or for three funds the later date institutional share classes become available — for the actual loss in excessive fees paid and for the lost investment opportunity of this breach.»

It is your responsibility to review such linked sites» privacy policies and TravelGround.com shall not be liable for the breach of any such privacy policies by the owners of such linked sites.

The Ontario Superior Court of Justice (the «Court») recently indicated that employers may be liable for a breach of the duty of good faith where they fail to provide due process to

The Ontario Superior Court of Justice (the «Court») recently indicated that employers may be liable for a breach of the duty of good faith where they fail to provide due process to employees when conducting workplace investigations.

Vendors of used cars and parts may also be liable for breach of warranty or disclosure.

If he earns mitigatory income, he will have to simply account for it or be liable for breach of trust.

The agency is liable for breaches of reg 5 to the extent that it is responsible for them.

If a staffing agency fails to do due diligence in their hiring processes and puts a worker who is unfit for employment or causes a threat to the employer, then the staffing agency may be liable for breach of contract claims.

If the jury found that the disclosure statement falsely represented the property as having no structural defects, then S&J would be liable for breach of contract because the disclosure had been incorporated into the contract instead of as a separate document.

If the jury found that the Disclosure Statement falsely represented the property as having no structural defects, then the Owner would be liable for breach of contract.

In upholding the Team Agreement and granting Plaintiff the full $ 150,651 commission owed pursuant to its terms, plus interest, the court stated that Plaintiff's former team members were liable for breach of contract and that they were «unjustly enriched at [Plaintiff's] expense.»

Here, the buyer risks being liable for breach of contract damages in a civil lawsuit (again, this depends on the contract — some contracts only allow a seller to keep the deposit in the event of a default by the buyer) unless he or she can prove a legal basis for backing out of the deal.

Not exact matches

Currently, if there's a data breach then it's the retailer that's liable for damages.

It would also make internet companies liable for any kind of leak or breach that allows private user data to be shared, which would potential have made Facebook itself liable for the Cambridge Analytica scandal.

Islam holds that if a man trespasses on a woman's rights by divorcing her without cause he is abusing his power and is therefore liable to be held responsible for committing a breach of duty.

(b) ELITESINGLES reserves the right to block or remove from its site any offensive or incorrect communication or information, and / or any communication or information brought to its attention which it reasonably suspects infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) but ELITESINGLES has no obligation to review any communication or information provided by members for inclusion on the website.

GM shall not be liable for incidental or consequential damages, such as, but not limited to, lost wages or vehicle rental expenses, resulting from breach of this written warranty or any implied warranty.

Corporate Veil Smith's attorneys initially argued that much of what Smith was being sued for was outside of the scope of the home inspection, but as the case progressed they began to lean heavily on the argument that as a corporate officer, Smith should not be liable for the contract breach of SHI, the corporate entity, and consequently was not accountable for the alleged mistakes.

Life Insurance By Jeff is not liable or responsible for these third - party company's privacy policies or procedures, or any loss or breach of data through these third - party systems.

If the security of that information is breached by Member or a third party, Hilton Honors shall not be liable for any access to that account not authorized by Member, accumulation of Points, redemption of Rewards, or other account activity that occurs as a result, and in no event shall Hilton Honors be responsible for reimbursing Member for any Points redeemed or other damages or losses claimed to occur as a result of that unauthorized access.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

In the event that you do not have such authority, you agree that you will be personally liable to Cannon Beach Photo for any breaches of the terms of this Agreement.

If the security of that information is breached by Member or a third party, Hilton Honors shall not be liable for any access to that account not authorized by Member, accumulation of Points, redemption of Rewards, or other account activity that occurs as a result, and in no event shall Hilton Honors be responsible for reimbursing Member for any Points redeemed or other damages or losses claimed to occur as a result of that unauthorized access.

6.2 Subject to clause 6.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:

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.

Fiduciaries that fail or neglect to manage assets with the utmost care and professionalism can be held liable for breach of trust or breach of fiduciary duty.

On Friday 1 December, the High Court confirmed that Morrisons is vicariously liable for Skelton's actions which amounted to breaches of the Data Protection Act 1998 (the DPA) and instances of misuse of private information and breach of confidentiality.

Following an arbitration in respect of a repudiatory breach of an operations management agreement, the Respondent in the arbitration was found liable to the Claimant for around US$ 12 million in total (including costs).

(c) have incorporated the Standard Contractual Clauses as specified by the EU (either Set I or Set II, but you can't modify or combine these) into their contracts to ensure they can be held legally liable and accountable for the protection of personal data and any breaches when / if applicable:

The estate was in breach of the agreement and liable for the money.

The Assessed Group [Group 2] may be satisfied with the quantum of the award made by the OLRB and the outcome that the Defendants are liable to pay that award as the damages for their negligence, conspiracy, inducing breach of contract, or oppression remedy claim.»

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.

The ruling means that experts providing advice on cases are now liable if their advice is deemed negligent, removing the immunity from suit for breach of duty.

The Court of Appeal concluded that Canada did not breach any post-Confederation legal obligation to Williams Lake, and was not liable for any breaches of pre-Confederation legal obligations by B.C.

Is the province and / or the federal government liable for alleged breaches of pre - and post-Confederation duties.

The claim further alleges that TD is liable for providing knowing assistance in the breaches of duties and breaches of trust by Stanford and others.

For starters, successfully proving that prison officials breached their duty of care and are liable for injuries can be challengiFor starters, successfully proving that prison officials breached their duty of care and are liable for injuries can be challengifor injuries can be challenging.

Any breach that occurs in the chain of truck safety is considered negligence and the responsible parties can be held liable for your injuries.

The matter will be proceeding to a common issues trial, which will decide novel legal issues, including whether an employer can be vicariously liable for its employees» breach of privacy.

In that case, Valcom Ltd. and two of its employees who defamed a consultant and then breached a contract with another company in order to force the removal of the consultant from a government contract were found liable for defamation, unlawful interference with economic relations, and inducing breach of contract, and ordered to pay $ 600,000 in damages.

Negligent drivers who breach that duty are liable for any damage or injury caused by the accident.

Clause 24 of Bill S - 4 modifies section 28 of PIPEDA to provide that every organization that knowingly contravenes the new sections of PIPEDA requiring organizations to record and report breaches of security safeguards or obstructs the Commissioner in the investigation of a complaint or in conducting an audit will now be liable for fines of up to $ 100,000 for indictable offences, or for fines of up to $ 10,000 for offences punishable on summary conviction.

Can the creator (s) be held liable for an end users breach of those terms?