
	Where results make sense

Topic: Breach of contractual

	NationMaster - Encyclopedia: Contractual (Site not responding. Last check: 2007-10-16)
		Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other partys performance.
		Fundamental breach, sometimes known as a repudiatory breach, is a breach so fundamental that it permits the aggrieved party to terminate performance of the contract, in addition to entitling that party to sue for damages.
		Contractual integration serves a useful purpose when a hospital and organized group(s) of specialty physicians wish to align strategic, operating, clinical program and market interests, and equity partnerships are not feasible or have been ruled out by way of analysis of dynamics that pertain, including legal and regulatory.
	www.nationmaster.com /encyclopedia/Contractual (1889 words)

	NIM02530 - Class 1 NICs : Earnings of employees and office holders : Payments made on termination of employment : ...
		In addition to specifying the period of notice, a contract of employment may provide expressly for a sum to be paid instead of that notice being given.
		In the event that the due notice is not given there will be no breach of contract as long as the alternative payment is made – there can therefore be no action for damages in respect of a breach of contract.
		If he takes this line, the terms of the contract will be breached, and any payment made in respect of that breach will be a compensatory payment made in consideration of the individual’s entitlement to damages as a result of the breach.
	www.hmrc.gov.uk /manuals/nimmanual/nim02530.htm (444 words)

	[No title]
		An insurer may assert defenses based upon a breach by the insured of a condition of the policy such as a cooperation clause, but the breach cannot be a valid defense unless the insurer was substantially prejudiced thereby.
		This instruction is intended for use in appropriate cases where the insured alleges that the insurer breached the implied covenant of good faith and fair dealing by failing to reasonably inform the insured of his or her remedial rights and obligations under an insurance policy.
		637.) “A breach of the implied covenant may be predicated on the insurer’s breach of its duty to defend the insured, though the insurer’s conduct in such cases is commonly coupled with the breach of other aspects of the implied covenant, such as the duty to settle or to investigate.
	www.courtinfo.ca.gov /reference/documents/SER2300.DOC (15949 words)

	SSRN-A Note on the Equivalence Between Contractual and Tort Liability Rules by German Coloma, Sergio Pernice
		The aim of this paper is to conciliate some conclusions of the economic theories of breach of contract and tort law.
		The main result is that the two efficient alternatives that tort law identifies (negligence rule and strict liability with a defense of contributory negligence) are mirrored by two efficient ways of defining contract damages.
		The second consists of obliging the debtor to pay expectation damages only when his breach of contract implies negligence, otherwise using restitution remedies (doctrines of impracticability and force majeure).
	www.ssrn.com /abstract=289807 (269 words)

	Lawlink NSW: 3. Termination for Breach of an Intermediate Contractual Term
		These cases certainly justified the view that breach of condition is not the only basis for termination for breach of a contractual term.
		Under the former, termination is justified because of the consequences of the promisor’s breach.
		For example, s16(2) seems to assume that a breach of condition is the only basis for termination for breach of a contractual term.
	www.lawlink.nsw.gov.au /lrc.nsf/pages/R51CHP3 (2128 words)

	Termination payments and benefits: payments in lieu of notice (PILONs): contractual payments
		Where an employee receives a 'contractual' payment in lieu of notice ('PILON'), it is chargeable under Section 19 ICTA 1988 as an emolument from the employment.
		A 'contractual' PILON is one that has its source in the contractual arrangements between employer and employee.
		Such cases must be examined critically to ensure that there is evidence that the employer did in fact choose to breach the contract.
	www.hmrc.gov.uk /manuals/senew/se12976.htm (330 words)

	Prosecutor's Office - Criminal Justice System
		Prior to commencement of a criminal investigation, it must first be determined whether the conduct at issue is "criminal." Not all conduct is criminal.
		For example, breach of contractual obligations or landlord/tenant disputes, which may appear to be criminal in some respects, are matters generally adjudicated in civil court.
		Thus, before conduct may be criminally prosecuted, the conduct must first be determined to be criminal.
	www.co.burlington.nj.us /departments/prosecutor/media/crs/index.htm (1110 words)

	Liability loopholes catch UK tech firms \| The Register
		Contractual liability is an especially a big issue for the software industry, according to Hiscox.
		Wares explained: "Contractual liability is a very complex area and technology companies really do need to check what they are, and what they are not covered for within their current insurance policy.
		Following a number of incidences where insurers have rejected claims as a result of loopholes in cover, Hiscox is urging insured parties and brokers to check the small print of their current policies to make sure they are adequately protected.
	www.theregister.co.uk /2003/07/02/liability_loopholes_catch_uk_tech (563 words)

	:: ALTHEN GmbH Mess- und Sensortechnik ::
		The purchaser guarantees, that the execution of the contract does not result in any breach of commercial law by the use of components, drawings or samples supplied by the purchaser or third parties.
		The supplier does not accept responsibility for any delivery delays in respect to acts of God or events not caused or predicted by the supplier, such as non-issue of permits by government instrumentalities, strikes etc. Delivery schedules are extended by the extent of the difficulty.
		Should a clause be or become ineffective, the contractual parties to this contract shall endeavour to replace the ineffective clause with a new agreed clause, to reflect as fully as possible the commercial and legal purpose.
	www.althensensors.com /Terms.php (2094 words)

	[No title]
		In her complaint, plaintiff asserted claims against defendant for breach of contract, breach of implied covenant of good faith and fair dealing, promissory estoppel, willful breach of contract, misrepresentation, quantum meruit, tortious interference with prospective economic relations, and defamation.
		Plaintiff’s two remaining claims, for breach of contract and willful breach of contract, were submitted to the jury, which awarded damages on the breach of contract claim.
		Where, as here, a claim exists for breach of a contractual obligation, the prevailing party for cost award purposes is the one in whose favor the decision or verdict on liability is rendered.
	www.courts.state.co.us /coa/opinion/archive/2000/00CA0368.doc (1046 words)

	[No title]
		There the court concluded that while some states permit recovery of fees anytime the insurer has breached its contractual duty to defend, New York allows an insured recovery of its attorney fees when it successfully defends against an action by the insurer seeking a declaratory judgment that it has no duty to defend.
		We decline to further propagate the arbitrary legal fiction that a substantive distinction exists between a breach of the duty to defend and the breach of the duty to indemnify.
		Like the breach of the duty to defend, the rationale of shifting fees when the insurer has acted in bad faith has been codified in some states.
	www.law.com /jsp/ihc/PubArticleFriendlyIHC.jsp?id=1148634335367 (2086 words)

	Peter Schlechtriem
		Obligations and remedies in the event of their breach are, however, dependent on the degree of party autonomy granted by the respective legal systems; where, as in case of the CISG under its Art.
		Breach of contract can trigger various remedies, but the two most important are 'avoidance' (or: termination, rescission, cancellation) of the contract and damages for its breach.
		[26] It gives the obligor in breach a second chance to 'save' the contract if performance and saving of the contract is possible at all, and it prevents the waste of economic resources that almost always follows from a breakup of contractual relations and the unwinding of performances necessitated thereby.
	cisgw3.law.pace.edu /cisg/biblio/schlechtriem12.html (3790 words)

	77288 -- Steinle v. Knowles -- Pierron -- Kansas Court of Appeals
		The proper measure of the statute of limitations for tort claims of negligence or breach of warranty in land title insurance cases is discussed and applied.
		She alleged, in relation to a title insurance policy issued by Chicago Title, breach of contractual duty to defend, negligence, negligent misrepresentation, and breach of warranty.
		The court further found the breach of warranty claim would fail because such a claim does not accrue until the covenant is disturbed, and there was no evidence that the buyer had been evicted or that its possession had been disturbed.
	www.kscourts.org /kscases/ctapp/1997/19971121/77288.htm (3657 words)

	UCITA - Linked (Site not responding. Last check: 2007-10-16)
		(a) whether a party is in breach of contract is determined by the agreement or, in the absence of agreement, this title.
		A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with an obligation placed on it by this title or the agreement.
		Whether a breach of a contractual use term is an infringement or a misappropriation is determined by applicable informational property rights law.
	www.bowie-jensen.com /ucita/21-700.html (1876 words)

	1994 International Covenant on Civil and Political Rights (Site not responding. Last check: 2007-10-16)
		U.S. Article 11 - Freedom from Imprisonment for Breach of Contractual Obligation In the United States, imprisonment is never a sanction for the inability to fulfill a private contractual obligation.
		Breach of contract is a civil matter and imprisonment is never a civil remedy.
		The historical remedies for failure to fulfill a contractual obligation include assessment of damages to be paid by the nonfulfilling party to compensate the other party to the contract for his losses.
	dosfan.lib.uic.edu /erc/law/covenant94/Specific_Articles/11.html (151 words)

	Insurance - Smith vs Green Mountain Insurance Company Hearing Decision
		Jones stated in her affidavit that the Insureds have had three losses and failed to comply with the contractual provisions of the policy in all three instances.
		She stated this constitutes a breach of contractual duties, and submitted the page of the policy contract outlining the Insureds’ duties after a loss.
		She argued that the Insureds’ failure to provide the Company with such a record is another breach of contractual duties.
	www.state.me.us /pfr/ins/hearing_2004-15055.htm (1628 words)

	confidentiality as a contractual term
		The judge is reported by The Telegraph to have said that it was 'well arguable that a contractual duty of confidence should be given greater weight than an implied duty'.
		That the information is already in the public domain is relevant to the question of whether an injunction is justified (see 8.21) but not, it is submitted, to the question whether the disclosures are in breach of contract.
		that a threatened breach of that agreement could be restraiend by injunction.' per Lloyd J. For the view that information in the public domain (in that case information in a public register) might not be protected by a contractual obligation of confidentiality see Ratiu v Conway [2005] EWCA Civ 1302 [31].
	www.uea.ac.uk /menu/acad_depts/law/resources/4-04.htm (465 words)

	Banking and Lender Liability - Is the Genie Slipping out of the Bottle? at Riker Danzig
		In Sons of Thunder, one party ("Borden") to a contract for the supply of clams exercised a termination clause in the contract with the knowledge that the foreseeable consequences of its action would be the demise of the other party ("Sons of Thunder").
		The Supreme Court upheld a jury verdict that, even though Borden did not breach express obligations of the contract in terminating the contract, it did breach the implied covenant of good faith and fair dealing and was, therefore, liable to Sons of Thunder for consequential damages, including lost profits.
		A party's action implicates the implied covenant of good faith if it acts so directly to impair the value of the contract for another party that it may be assumed that they are inconsistent with the intent of the parties.
	www.riker.com /articles/index.php?id=3183 (1250 words)

	Top Seven Legal Risks For Consultants And How To Avoid Them By Patricia S. Eyres
		Failing to honor contractual commitments or misrepresentations about qualifications to perform: Consultants may breach contractual obligations in a number of ways, including failing to produce the required deliverables or breaches of a confidentiality agreement.
		In addition, when the client requires the consultant to represent that she owns the right to use specific tools or instruments ‑‑ such as tests or performance aids ‑‑ any violation of copyright law may also lead to breach of contract; particularly when the client is also sued for infringement.
		When called upon to defend against a legal claim ‑‑ copyright violation, discriminatory content, negligence or professional errors, breach of contract ‑‑ consultants must be able to provide credible information to reconstruct events, to explain what occurred or to substantiate their efforts to comply with applicable legal requirements.
	www.myarticlearchive.com /articles/5/031.htm (1420 words)

	Ogborn, Summerlin & Ogborn, Denver, Colorado, National, Construction Commercial Building Housing Defects Government ...
		We fully understand construction contract issues from the outset, and we can effectively guide clients when there is a claimed breach of contractual obligations.
		OSO understands the best resolution to breach of contract actions is to put the parties in the position they would have been if the contract were followed.
		OSO firmly believes that breach of contract actions are most successful when the underlying facts and situation are understood quickly and the case is prepared for trial from the first day the lawyer becomes involved.
	www.osoconstructionlaw.com /CM/Custom/TOCBreachofContract.asp (293 words)

	SSRN-Finding Fault with Wonnell's 'Two Contractual Wrongs' by George Cohen
		Expectation damages remedy the wrong of breaching a contractual promise that should have been performed.
		In my comment, I expand on my view that an economic approach to contract damages supports a fault-based system in which courts adjust the damage measure depending on the reason for the breach, and that this is the system we actually have.
		The reliance remedy is not sufficient to deter opportunistic breach once one considers the gains to the promisor from the opportunistic behavior beyond the immediate contract.
	www.ssrn.com /abstract=252869 (482 words)

	Guerino v. Depot Place Partnership, No. 87189
		Depot Place filed a third-party complaint against Concrete Doctor on February 5, 1996, seeking recovery on theories of liability under the Contribution Act, breach of contractual duties to inspect and maintain the premises under the lease, and indemnification based on an express indemnity provision in the lease agreement.
		Thus, the appellate court reasoned, even though the third-party breach of contract and indemnity claims brought by Depot Place constituted the means by which Concrete Doctor was required to contribute towards plaintiffs' damages, fourth-party defendants were potentially liable in tort at the time plaintiffs' injuries occurred.
		All that matters under the Contribution Act is that the party seeking contribution and the party from whom contribution is sought be potentially liable to the plaintiff, in tort, at the time the plaintiff was injured.
	www.state.il.us /court/Opinions/SupremeCourt/2000/May/Opinions/HTML/87189.htm (2412 words)

	From a Singapore Angle (Site not responding. Last check: 2007-10-16)
		Duress is a defense for breach, but the duress has to occur at the time the contract is entered into, not at the time of breach (Posner, 1998 p.126).
		The use of moral obligations by the government indicates that the liquidated damages in the scholarship contract are not regarded by the government as a sufficient deterrent for breach by scholars.
		Therefore, the government may be discouraging inefficient breaches by increasing the costs of breach through moral obligation, as the liquidated damages may be insufficient to cover the government's reliance loss.
	singaporeangle.blogspot.com /2005/07/singapores-scholarship-system-study-by.html (5805 words)

	Judith L. Holdsworth
		A breach of contract is always given when solely on an objective evaluation, regardless of fault, a party does not perform its obligation in compliance with the contract and/or law.
		In contrast to German law, a breach of contract not only arises when the goods are defective in quality, but also when the goods are not delivered in the proper quantity or do not conform to their description.
		Where secondary obligations are breached, the objective weight of the breach of contract and the extent to which the purpose of the contract is jeopardized for the aggrieved party must be considered in determining whether the breach is fundamental (OLG Frankfurt, UNILEX, D.1991-9, violation of exclusivity clause).
	cisgw3.law.pace.edu /cisg/biblio/holdsworth.html (8179 words)

	Material Breach Law and Legal Definition - USlegalforms.com
		Material breach is a contract law term which refers to a failure of performance under the contract which is significant enough to give the aggrieved party the right to sue for breach of contract.
		A material breach is one that is significant enough to destroy the value of the contract.
		A lawsuit for material breach of contract is a civil action and the remdies awarded are designed to place the injured party in the position they would be in if not for the breach.
	www.uslegalforms.com /legaldefinitions/m/material-breach.php (431 words)

	[No title]
		Because uninsured/underinsured insurers do not breach their contractual obligation to pay until tort liability is established, we conclude that prejudgment interest begins running from the date liability of the uninsured/underinsured motorist is established.
		We infer from his insistence that the prejudgment interest accrued either 180 days after he gave notice of the claim, or the day he filed suit against the companies, that he believes the obligation to pay arose either at the time he filed his claim, or at the time he filed suit against the insurers.
		Because no contractual duty was breached, Henson had no right to receive the benefits earlier than he in fact received them.
	caselaw.lp.findlaw.com /data2/texasstatecases/sc/990453o.htm (1262 words)

	Stigma damages in breach of contract
		Where the employer's breach of the contractral duty of trust and confidence creates a stigma, which in turn results in a handicap in the market place, damages are recoverable if the employee can prove a financial loss.
		BCCI v Ali was one of the five test cases brought to determine whether the Bank's conduct was of sufficient gravity to be a breach of the duty of trust and confidence and, if so, what was the employee's loss as a result of the breach and whether it should be compensated in damages.
		A high threshold is required to establish a breach and the conduct must be "grave".
	www.thompsons.law.co.uk /ltext/l0550002.htm (619 words)

Try your search on: Qwika (all wikis)