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Topic: Breach


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In the News (Wed 15 Feb 12)

  
  Breach of contract - Wikipedia, the free encyclopedia
Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one of the parties to the contract by non-performance or interference with the other party's performance.
A breach may be a minor one (also called a partial breach or an immaterial breach), in which case the non-breaching party will not be entitled to an order for performance of its obligations, but only to collect the actual amount of their damages.
A repudiatory breach (or fundamental 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.
en.wikipedia.org /wiki/Breach_of_contract   (350 words)

  
 Encyclopedia: Breach of contract   (Site not responding. Last check: 2007-10-08)
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.
A breach may be a minor one (also called a partial breach or an immaterial breach), in which case the non-breaching party will not be entitled to an order for performance of its obligations, but only to damages.
A material breach (also a repudiatory breach a 'fundamental 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.
www.nationmaster.com /encyclopedia/Breach-of-contract   (1414 words)

  
 "Breach" Defined
BREACH - The violation of an obligation, engagement or duty; as a breach of covenant is the non-performance or violation of a covenant; the breach of a promise is non-performance of a promise; the breach of a duty is the refusal or neglect to execute an office or public trust, according to law.
It is usual in assumpsit to introduce the statement of the particular breach, with the allegation that the defendant, contriving and fraudulently intending craftily and subtilely to deceive and defraud the plaintiff, neglected and refused to perform, or performed the particular act contrary to the previous stipulation.
The breach must obviously be governed by the nature of the stipulation; it ought to be assigned in the words of the contract, either negatively or affirmatively, or in words which are co-extensive with its import and effect.
www.lectlaw.com /def/b113.htm   (341 words)

  
 Wallflowers: Breach (2000): Reviews
Breach is one of the most anticipated rock releases of the year, and it clearly is worthy of all the talk it has generated.
All told, Breach is a subtle, seamless effort with nary a lull or misstep -- in contrast to its multiplatinum predecessor, the second half of which suffered from a series of pedestrian songs.
Breach is a dull affair of humdrum tunes, mundane performance, and lyrics which lose themselves in vague imagery as if Dylan were actually evading the chance to express himself.
www.metacritic.com /music/artists/wallflowers/breach   (769 words)

  
 Malpractice and Breach of Fiduciary Duty   (Site not responding. Last check: 2007-10-08)
Malpractice occurs when the plaintiff and the defendant had an attorney-client relationship, the attorney breached his duty of care, and this breach was the proximate cause of the plaintiff's damages.
This duty is breached by conduct in derogation of the attorney's duties of loyalty or confidentiality.
A breach of fiduciary duty, such as a conflict of interest, may be an independent basis for a client's suit, even though it does not constitute malpractice because there was no negligence.
www.jendireiter.com /legalmalpractice.htm   (2455 words)

  
 Warp core breach - Memory Alpha
A warp core breach is a catastrophic failure of a starship's warp core.
If a large number of tachyons leak in to a warp core, a warp core breach is almost certain to occur, as a result of the tachyons creating a resonance frequency causing the core pressure to increase out of control.
Warp core breaches have been deliberately performed; Geordi La Forge intentionally caused a warp core breach of the Enterprise-E's warp core (after ejecting it) to seal a subspace tear caused by an isolytic burst.
www.memory-alpha.org /en/index.php/Warp_core_breach   (347 words)

  
 Part 8: Time Limits, Breach & Remedies
Breach of contract allows a party to bring the party in default to court and to get the court to correct the situation, as best the court can.
The first thing a lawyer will look for when faced with a possible breach of contract situation is a clause in the contract that has already decided what happens if there is a breach (see comments on "liquidated damages" and "exclusion clauses" on previous page).
If a fixed sum is given on the breach of a number of obligations, as was the case here, there is a presumption that this is not a liquidated damage clause but a penalty clause (courts will not enforce a penalty clause).
www.duhaime.org /contract/ca-con8.aspx   (4414 words)

  
 Breach --- Official Relapse Records Band Page
BREACH entered Tontenik Studios in Umea with FIRESIDE's Pelle Gunnerfeldt to record a new mini-CD.
BREACH trekked across Europe and Scandinavia through April and May, played several summer festivals and completed a massive European jaunt with NEUROSIS and ENTOMBED in October.
BREACH celebrated the release of Venom with a sold out show at Kafe 44 in Stockholm at which they debuted their unique, two-drummer live show.
shop.relapse.com /artist/artist.aspx?ArtistID=10015   (548 words)

  
 The Rise in Breach of Fiduciary Duty Claims   (Site not responding. Last check: 2007-10-08)
Breach of fiduciary duty claims based upon provider financial incentives are also being asserted with more frequency under state law.
Similar to ERISA, state breach of fiduciary duty laws typically require proof of a fiduciary relationship (which may be inferred from a health insurance contract) and a breach of the fiduciary's duty to place the interests of the plaintiff above the fiduciary's own self-interest.
The court's indication that a breach of fiduciary duty action may exist in the absence of medical malpractice is disconcerting because of breach of fiduciary duty is theoretically easier to prove than medical malpractice.
www.sdma.com /sedgwick.updates/articles/d-o-fidelity?do061999.html   (2848 words)

  
 Administrative Science Quarterly: Trust and breach of the psychological contract   (Site not responding. Last check: 2007-10-08)
It is an employee's belief that a breach has occurred that affects his or her behavior and attitudes, regardless of whether that belief is valid or whether an actual breach took place.
Psychological contract breach is a subjective experience based not only (or necessarily) on the employer's actions or inactions but on an individual's perception of those actions or inactions within a particular social context.
Trust is thus likely to play a significant role in the subjective experience of psychological contract breach by one's employer: Trust in one's employer may influence an employee's recognition of a breach, his or her interpretation of that perceived breach if it is recognized, and his or her reaction to that perceived breach.
www.findarticles.com /p/articles/mi_m4035/is_n4_v41/ai_19137711   (1183 words)

  
 CNN.com - Assessing the legal and political aspects of 'material breach' - Jan. 13, 2003
Based on how the term functions in other contexts, a material breach would appear to be, very roughly, a breach that is important, not trivial -- and one that is important, in particular, to the purposes the breached instrument serves.
But defining a material breach in the Iraq context may be as tricky as it is significant.
A material breach only occurs when one party so completely fails to hold up its end of the bargain that the other party is excused altogether from further performance under the contract.
www.cnn.com /2003/LAW/01/13/findlaw.analysis.dorf.breach   (1682 words)

  
 NEWSARAMA - "BREACH"-ING THE DCU WITH BOB HARRAS
Breach is story of Major Tim Zanetti, a United States Army officer who is forced to live in a containment suit after events go awry during some Army cross-dimensional research.
Breach is the brainchild of former Marvel Comic Editor-in-Chief Bob Harras who was asked by DC Comics to pitch a redesign for Captain Atom, who hasn’t had a solo regular series since 1991.
Harras said that he realized that having Breach as a new character as opposed to a relaunch took a bit of the load off his shoulders, “Certainly, if we had gone with a Captain Atom relaunch, the pressures would have involved tinkering with a much-loved character that has been around for decades.
newsarama.com /forums/showthread.php?s=&threadid=22032   (2844 words)

  
 MobyGames - Breach 2
Breach 2 is set in the same sci-fi universe as Omnitrend's Universe and Rules of Engagement series and shares the same backstory with those games.
Breach 2 is a part of the IGS (Interlocking Game System) and compatible with the two Rules of Engagement games.
This means you can use Breach 2 to resolve the tactical combat situations, boarding an enemy ship for example, you run into in the starship command simulation, which is the heart and soul of the Rules of Engagement series.
www.mobygames.com /game/dos/breach-2   (226 words)

  
 TheDeal.com - Breach Security gets $7.5M
Breach Security, which was seed-funded earlier this year by first-round leader Enterprise Partners Venture Capital of La Jolla, Calif., rounded out its investor group with Ascend Technology Ventures of Ramat Gan, Israel, Evergreen Partners of Tel Aviv and Pitango Venture Capital of Herzliya, Israel.
Breach Security's approach to application and data security is based on a behavioral model.
Breach Security's first products are currently in beta-stage testing and will be commercially available this fall.
www.thedeal.com /NASApp/cs/CS?pagename=NYT&c=TDDArticle&cid=1091187014390   (516 words)

  
 wallflowers.com | bio   (Site not responding. Last check: 2007-10-08)
With the band’s third album, (Breach), released October 10, 2000, he and The Wallflowers stride onto a road all their own.
The organic rock ‘n’ roll of (Breach), produced by Andrew Slater (Fiona Apple, Macy Gray) and Michael Penn, embraces a contemporary edge and fire while retaining the genre’s integrity.
Critics hail (Breach) as a "masterpiece of understated intensity." Rolling Stone notes that the material is "steeped in a type of introspective inquiry that was once integral to rock ‘n’ roll, and has nearly vanished."
www.wallflowers.com /noflash/bio.html   (1158 words)

  
 Online Dictionary for French English, Spanish English, Italian English, and more.
A breach that occurs when an item is deficient according to the terms of a warranty.
A breach serious enough to destroy the value of the contract and to give a basis for an action for breach of contract.
A breach that does not destroy the value of the contract but can give rise to a claim for damages.
www.ultralingua.net /?service=ee&text=breach   (273 words)

  
 Amazon.co.uk: Breach [Special UK Edition]: Music   (Site not responding. Last check: 2007-10-08)
As it is, the prize of Breach's greatest asset goes to Jakob "Son of Bob" Dylan's deep and gruff voice and his beer-swilling melodies.
Not as popular as it once was, Breach is irrefutable proof that if done with style and songs as good as toe-tapping rocker "Letters From The Wasteland", middle of the road US rock still has plenty of miles left in it.
Breach is one of the most anticipated rock releases of the year, and it clearly is worthy of all the talk it has generated State side.
www.amazon.co.uk /exec/obidos/ASIN/B00004ZE5F   (646 words)

  
 Breach of contract -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-08)
Breach of contract -- Facts, Info, and Encyclopedia article
Breach of contract is a (additional info and facts about legal) legal concept in which a (additional info and facts about binding agreement) binding agreement or bargained-for exchange is not honored by one of the parties to the contract by non-performance or interference with the other party's performance.
A repudiatory breach, sometimes known as a 'fundamental 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 (French writer whose novels described the sordid side of city life (1804-1857)) sue for damages.
www.absoluteastronomy.com /encyclopedia/b/br/breach_of_contract.htm   (167 words)

  
 Breach Security - IDS Enhancements: Partner Programs   (Site not responding. Last check: 2007-10-08)
Breach Security's goal is to enhance the value of other security technologies, and deliver to mutual customers a greater ability to monitor and control potential application vulnerabilities.
Breach Security is prepared to help its valued Technology Partners create new revenue opportunities in one of the fastest-growing information security sectors.
Breach Security and its OEM Partners are working together to eliminate the blind spots created through the use of SSL and abnormal application usage.
www.breach.com /IDS_Enhancements/breach_partner_program.html   (534 words)

  
 Planeshift Preview: Hull Breach
In Limited play, the Breach will probably see a little less play than Dismantling Blow - maindecked when no other cards are playable, and sided in often against a whole range of targets, both artifacts and enchantments alike.
That means Hull Breach's two-for-one potential is going to have to be considered "gravy" - a nice possible side benefit - and not what the card is going to usually do in an average game.
Artifact Mutation may be costed the same as Hull Breach and an instant to boot, but it has yet to become a popular sideboard choice, mostly due to the lack of high-impact artifacts currently in the Standard environment.
www.wizards.com /sideboard/article.asp?x=sb20010125b   (950 words)

  
 Moderated Discussion/Breach
However, there has been Texas case law on the breach of fiduciary duties by people who have duties that do not arise from the attorney-client relationship, such as the fiduciary duty of an employee or member of the board of a corporation to the corporation, or the duty of a trustee or executor.
The appeals court held that MHR breached the fee agreement by charging the forty-five percent appeal rate, and that the contract breach was also a breach of fiduciary duty.
The Lopezes' breach of fiduciary duty claim, as presented in their pleadings and summary judgment motion, was grounded solely on the theory that MHR breached its contract.
www.youknowitall.com /mod_group.breach.htm   (12705 words)

  
 Nebraska Contractor Denied Relief for Breach of Contract
On the face of the petition, the contractor's breach of contract claim was barred by the statute.
The contractor claimed that during the pendancy of the lien foreclosure action, it was precluded from bringing a breach of contract action, and therefore, the statute of limitations was equitably tolled.
The court found that as a general rule, in Nebraska and throughout the United States, mechanic's lien foreclosure and breach of contract damages may be sought at the same time.
www.constructionweblinks.com /Resources/Industry_Reports__Newsletters/March_12_2001/nebraska_contractor.htm   (765 words)

  
 breach. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000.
To leap from the water: waiting for the whale to breach.
See bhreg- in Appendix I. breach, infraction, violation, transgression, trespass, infringement These nouns denote an act or instance of breaking a law or regulation or failing to fulfill a duty, obligation, or promise.
Breach and infraction are the least specific: Revealing the secret would be a breach of trust.
www.bartleby.com /61/35/B0463500.html   (305 words)

  
 BREACH output hydrograph
I think that the reason that the BREACH model stops the outflow hydrograph abruptly is that the reservoir runs out of volume.
Though when you have 8000cms flowing out through a breach, it doesnt seem intuitively right that a slump of that dam material into the breach would halt the flow...
However, I still have 9 ft of water in the dam, the breach is fully developed to the bottom of the dam, and the program terminates itself normally for whatever reason.
www.bossintl.com /forums/showthread.php?threadid=12114   (567 words)

  
 MasterCard warns of massive credit-card breach
The credit-card giant's anti-fraud systems detected the breach and, after analyzing the data, MasterCard pinpointed the Atlanta, Georgia-based third-party processor as responsible, the company said in a statement released late Friday.
The breach is the largest data leak to date, potentially affecting one out of every seven credit cards issued in the U.S., according to MasterCard estimates.
The breach is the latest incident to put consumer financial data at risk.
www.securityfocus.com /news/11219   (713 words)

  
 Breach affects 40M+ credit cards - Jul. 27, 2005
CNN's Allan Chernoff reports on a security breach at a third-party payment processor that is impacting millions of credit card users.
The breach took place at the Tucson office of CardSystems Solutions, a company that processes transactions on behalf of merchants and financial institutions.
The breach reported by MasterCard on Friday is one in a long line of breaches reported this year by consumer data aggregators like ChoicePoint, retailers such as DSW and corporations such as Time Warner (up $0.18 to $16.93, Research), parent company of CNN/Money.com.
money.cnn.com /2005/06/17/news/master_card?cnn=yes   (726 words)

  
 burningheart.com
LuleƄ turns out to be a perfect place to develop the ultra-raw but still melodic hardcore/deathrock that has become the signum of Breach, and frankly they got absolutely nothing else to do then put all energy in to the band (not counting suicide or ice-hockey as serious options).
Breach appear on a few compilation albums and put out their first MCD "Outlines" on Burning Heart Records.
The Neurosis comparison is bound to be drawn, but where Breach holds their own is in their unique guitar riffs and structure.
www.burningheart.com /bands/index.php?id=135&bio=1   (670 words)

  
 BUZZSCOPE :: Breach #4   (Site not responding. Last check: 2007-10-08)
Following last issues’ throwdown with Kobra over a mysterious extra dimensional entity connected to the accident that gave him his powers, Breach is basically left sitting around in the desert with his army handlers waiting for something to happen.
Thankfully, Harras is allowing Breach to start showing some signs of being a fully developed character with thoughts and emotions that stretch beyond just being confused and angry about his predicament.
The stuff with Breach himself is all well and good, but where the book falters is in its attempts to play up the mystery of where Breach’s power comes from, and who knows about it.
www.buzzscope.com /reviews.php?id=4046   (519 words)

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