Search results
Results from the WOW.Com Content Network
United States Naval Institute v. Charter Communications, Inc., 936 F.2d 692 (Second Cir. 1991) is a case discussing the extent and nature of contract damages. Damages for breach of contract are generally to provide damages for the injured party's loss; an injured party is not awarded damages based on the breaching party's gain. Snepp v.
The test is that set out for repudiatory breach, above. The concept of fundamental breach as a free standing legal concept no longer has any legal force [26] but is now simply another possible term of a contract that needs to be construed like any other term of a contract. A fundamental breach is usually read as a reference to a repudiatory ...
whether terms are implied into the contract; what controls are placed on unfair terms; The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract.
Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. [3] A warranty [4] is
Albertsons on Wednesday called off its $24.6 billion merger with Kroger, a day after a judge temporarily blocked the union, and sued the rival grocery chain for breach of contract. "Given the ...
Thus, a breach of the term should not be regarded as giving rise to recoverable losses beyond those I have described as premature termination losses. In this way, the measure of damages would be commensurate with, and not go beyond, the scope of the protection the trust and confidence term is intended to provide for the employee.
But Argarkov isn't done with the bank: His contract calls for a 6 million-ruble ($182,400) termination fee, as well as a 3 million-ruble fine for each violation of the agreement.
Another example is that under the Unfair Contract Terms Act 1977, liability can only be excluded when reasonable [2] in contracts among businesses. When terms are implied by courts, the general rule is that they can be excluded by express provision in any agreement. The courts have developed an apparent distinction between terms implied "in ...