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| | 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 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. | | | 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. |
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http://en.wikipedia.org/wiki/Breach_of_contract
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| | Part 8: Time Limits, Breach & Remedies |
| | Because a contract is private law, the courts will not throw the full brunt of the law against a person found to be in breach of contract. | | | Damages are an attempt by the court to compensate the innocent party to the contract, the party that suffers the breach. | | | 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. |
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http://www.duhaime.org/contract/ca-con8.aspx
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| | "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. | | | In general the remedy for breaches of contracts, or quasi contracts, is by a civil action. | | | 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. |
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http://www.lectlaw.com/def/b113.htm
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| | Nonperformance and Breach of Contract |
| | The basic rule is that parties to contracts must perform as specified in the contract unless (1) the parties agree to the change in the contract's terms, or (2) the actions of the party who deviates from the terms of the contract are implicitly accepted ("ratified") by the action or non-action of the other party. | | | Breach of contract leaves the nonperforming or improperly performing party open to a claim for damages by the other party. | | | The non- breaching party is relieved of his obligations under the contract by the other party's breach. |
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http://www.lectlaw.com/files/bul08.htm
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| | Breach of Contract Law Attorney Washington DC |
| | Three elements are needed for a contract to have been formed: 1) a meeting of the minds on the terms and conditions of the contract; 2) intention of the parties to be bound; 3) the contract was supported by consideration. | | | Some contracts contain a liquidated damage provision specifying the amount of damages or types of damages if the contract is breach. | | | A party may breach a contract by preventing a condition from occurring. |
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http://www.mjtlegal.com/legal_3_breach_cont.shtml
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| | 4.19 ANTICIPATORY BREACH OF CONTRACT |
| | A total breach of contract has occurred when a person who has promised to render performance under a contract thereafter has stated or indicated to the person to whom he/she has promised the performance either that he/she will not or cannot perform that which he/she has promised. | | | Therefore, if you find as a fact that _______ promised that he/she would perform the contract, and that he/she thereafter stated or indicated to ______ that he/she would not, or could not perform the contract then ____ has committed a total breach of contract. | | | Where the contract involves the sale of goods the rights of the parties are governed by N.J.S.A. As to anticipatory breach of installment sales contracts, the court said in Graulich Caterer, Inc. v. |
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http://www.judiciary.state.nj.us/civil/charges/419.htm
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| | 477. Breach of contract |
| | A breach of contract or agreement, can be grounds for a civil lawsuit, regardless of whether the contract was oral or written. | | | Under the law, a violation of a contract is called a "breach", and it means that one of the parties did something they should not have done, or failed to do something they were required to do, under the terms of the agreement. | | | Second, you must be able to prove that the other party breached an important term of the contract. |
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http://www.legalline.ca/lawsuits/477.html
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| | Breach of Contract - Online Lawyer Source |
| | A contract can be either verbal or written, though a verbal breach of contract will generally be harder to prove. | | | In a breach of contract, one party has not fulfilled the promised duties that had been communicated in the contract terms or makes it impossible for the other party to do so. | | | By having a contract, a legally enforceable agreement has been promised and must be upheld. |
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http://www.onlinelawyersource.com/contract/breach.html
(351 words)
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| | Breach of Contract |
| | Where there is a contract for specified work but the contractor does work outside the contract at the Employer's request the contractor is entitled to be paid a reasonable sum for the work outside the contract on the basis of an implied contract. | | | This will depend whether the term breached is a condition or a warranty or whether there has been repudiatory breach. | | | Damages are intended to compensate the innocent party for the loss that he has suffered as a result of the breach of contract. |
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http://atkinson-law.com/cases/CasesArticles/Articles/Breach_of_Contract.htm
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| | Lecture Notes- Chapter 20 Breach of Contract & Remedies |
| | Breach of contract is the failure to perform what a party is under a duty to perform. | | | A party has partially performed under a contract that is unenforceable. | | | Expenses that are caused directly by a breach of contract (such as those incurred to obtain performance from another source). |
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http://www.yourlawprof.com/21f/law1/chp20out.htm
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| | 6.18 DAMAGES - BREACH OF CONTRACT |
| | Compensatory damages for breach of contract are designed under the law to place the injured party in as good a monetary position as he/she would have enjoyed if the contract had been performed as promised. | | | A plaintiff who is awarded a verdict for breach of contract is entitled to compensatory damages for such losses as may fairly be considered to have arisen naturally from the defendant's breach of contract. | | | If the case is an employment case and there is no breach of contract involved, the words "breach of contract" and its variations should be replaced with "wrongful termination" as defined by this charge, or the appropriate variation. |
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http://www.judiciary.state.nj.us/civil/charges/618.htm
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| | Two Million For Breach of Contract |
| | The measure of damages for breach of contract is the difference between the contract price and the value of the contract performance had the contract been performed. | | | The Court having found a valid contract, Defendants then demanded that damages be assessed by an arbitration panel under an arbitration clause in the contract. | | | Sixteen days after the contract was signed, Sellers received what they perceived to be a "better offer" for purchase of a portion of the resort, elected to accept the better offer and retain the remaining uplands, and breached the contract to sell. |
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http://www.brettlaw.com/roche.html
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| | Breach of Contract |
| | A breach of contract covers a very wide spectrum and would include breaches of confidentiality, patents, copyright, competing with the employer, and any other conditions agreed to between the parties. | | | Handling of Discipline) an employee for a contract breach based on a verbal contract, then he may experience a great deal of difficulty in proving such a breach. | | | The type of disciplinary action taken would vary with the seriousness of the breach and it would be advisable to check the assessment of the seriousness of the breach. |
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http://www.domesticlaw.co.za/BreachContr.htm
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| | [No title] |
| | Breach of contract is one of the most common causes of law suits for damages and/or court-ordered "specific performance" of the contract. | | | failing to perform any term of a contract, written or oral, without a legitimate legal excuse. | | | This may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not providing a bond when required, being late without excuse, or any act which shows the party will not complete the work ("anticipatory breach"). |
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http://dictionary.law.com/definition2.asp?selected=93&bold=
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| | Nebraska Contractor Denied Relief for Breach of Contract |
| | 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. | | | 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. |
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http://www.constructionweblinks.com/Resources/Industry_Reports__Newsletters/March_12_2001/nebraska_contractor.htm
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| | Breach of Contract |
| | Is there any way to access the historical civil cases for breach of contract, specifically where a doctor told a patient he would provide something, but after the procedure explained that his policy had changed and he neglected to tell the patient before the procedure? |
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http://www.willcountybar.com/_disc1/0000003b.htm
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| | DAMAGES FOR BREACH OF CONTRACT: |
| | Restitution as a measure of recovery for breach of a contract is not limited to cases involving rescission, however. | | | The general rule is well settled that a party to a contract where labor is to be performed, upon the breach of that contract by the other party, has two remedies open to him. | | | Where one person has committed a tort, breach of contract, or other legal wrong against another, it is incumbent upon the latter to use such means as are reasonable under the circumstances to avoid or minimize the damages. |
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http://www.michbar.org/e-journal/bar_journal/stockmeyer_web.htm
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| | BREACH OF CONTRACT - GLOSSARY DEFINITION |
| | Violation of any terms or conditions in a contract without legal excuse; for example, failure to make a payment when it is due. |
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http://www.4554.com/Glossary/BREACH_OF_CONTRACT.html
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| | [No title] |
| | A contract provides a specific amount to be paid as damages in the event of future default or breach of contract. | | | Specify a certain amount to be paid in the event of a default or breach of contract and are designed to penalize the breaching party. | | | A remedy whereby a contract is canceled and the parties are restored to the original positions that they occupied prior to the transactions. |
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http://www.swlearning.com/blaw/wbl/wbl_9e/powerpoint/ch17.ppt
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| | SurfWax: News, Reviews and Articles On Breach Of Contract |
| | His response was to sue the state, claiming a breach of contract. | | | McDonald was not a party to the contract and because Domino's settled the company's breach of contract claim, the district court ruled that Mr. | | | The legal action seeks damages for breach of contract and an award from the court in an amount of $18,290 for services rendered between June 1, 2005 and September 30, 2005. |
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http://www.lawkt.com/files/Breach_Of_Contract.html
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| | Breach of Contract |
| | For the sum of $75,000 for breach of contract and the value of its performance. | | | The contract upon which this action is based was made and was to be performed in the County of Los Angeles, State of California. | | | The contract provides for an award of reasonable attorneys' fees to the prevailing party in any dispute arising out of the contract. |
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http://hyper.vcsun.org/HyperNews/djordan/get/law10su20brk/12.html
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| | Trade Sanctions Bar Action for Breach of Contract to Manufacture Computers in Iran, C.A. Rules |
| | While a contract may be valid despite the fact that the parties must obtain licenses or permits to legally perform their obligations under it, Mosk conceded, he said that principle did not outweigh the public policy embodied in the trade sanctions provisions. | | | He conceded that under some circumstances the law of the place where the contract was formed may, in the absence of a specific contractual provisions, be the most appropriate law to apply in a contract dispute. | | | The plaintiffs’ illegal activities in beginning their performance of the contract also barred them from relying on the principle that a contract will not be found void if it can be performed in a legal manner, Mosk said. |
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http://www.metnews.com/articles/2004/kash0512.htm
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| | Breach of contract |
| | Breach of contract - An unjustified failure to perform when performance is due. | | | For legal advise regarding Breach of contract, you can contact our legal staff via phone (800) 341-2684 or email myweblawyer@aol.com. | | | Or, visit MyWebLawyer.com for any help you might need regarding Breach of contract. |
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http://www.mylawterms.com/Breach-of-contract.html
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| | Breach of Contract |
| | Our attorneys are conversant in the law of and have handled lawsuits regarding express and implied contracts, divisible and indivisible contracts, executed and executory contracts, joint and several contracts, and unilateral and bilateral contracts. | | | If there is no express contract (oral or written), the court may declare a quasi contract that permits recovery as though there had been a promise. | | | In substance, a contract is an agreement based upon a promise by two or more persons that creates, modifies, or destroys a legal relation. |
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http://www.tblaw.com/areas/brk.html
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| | Breach of Contract |
| | At the time that Specialist New signed his enlistment contract, he executed an oath to defend the Constitution of the United States against enemies foreign and domestic and to obey orders of the President and other military officers also bound by oath to uphold the Constitution. | | | To place Specialist New under the authority of officers not bound by the same oath of office is a breach of New's enlistment contract. | | | As a breach of contract, the order deploying Specialist New to Macedonia is unlawful. |
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http://www.mikenew.com/breach.htm
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| | FindLaw's Writ - Buchanan: The Trillion-dollar Breach Of Contract |
| | FindLaw's Writ - Buchanan: The Trillion-dollar Breach Of Contract | | | The legal maxim known as contra proferentem states that, when interpretation of a contract is at issue, the contract should be construed in the manner least favorable to the party that drafted the contract. | | | And sometimes breaches of contract are excused — for reasons including a unilateral, or sometimes a mutual, mistake about the facts. |
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http://writ.news.findlaw.com/commentary/20010830_buchanan.html
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| | Microsoft Files Suit Against Timeline for Breach of Contract: Microsoft confirmed it has filed a lawsuit against ... |
| | Microsoft Files Suit Against Timeline for Breach of Contract: Microsoft confirmed it has filed a lawsuit against Timeline Inc. for breach of contract and breach of the implied covenants of good faith with respect to a license agreement signed by the companies this past June. | | | Microsoft confirmed it has filed a lawsuit against Timeline Inc. for breach of contract and breach of the implied covenants of good faith with respect to a license agreement signed by the companies this past June. | | | REDMOND, Wash., July 12, 1999 — Microsoft Corp. today confirmed it has filed a lawsuit against Timeline Inc. for breach of contract and breach of the implied covenants of good faith with respect to a license agreement signed by the companies this past June. |
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http://www.microsoft.com/presspass/press/1999/jul99/timelinepr.asp
(571 words)
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| | Breach of Contract |
| | A breach of contract occurs when one party to the contract fails, without excuse or justification, to fulfill his obligations under the contract. | | | We have substantial experience in handling breach of contract claims involving: | | | We obtain justice for individuals and businesses confronted with a refusal to honor a contractual commitment. |
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http://www.sloanmonsour.com/breach.htm
(71 words)
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| | Breach of Contract in California Employment Law Discussed |
| | If the employer breaches the contract, the union member may sue. | | | This includes grievance procedures, arbitrations, and other processes that may be in the union contract. | | | One thing to consider when trying to determine if an employer has breached a contract, whether written or implied, is whether or not the employer has been dealing in |
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http://www.discriminationattorney.com/breachk.shtml
(781 words)
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| | Chapter 18: Breach of Contract and Remedies |
| | Yes, because all damage that result froma breached contract must be paid by the breaching party. | | | The contract states, "For every day after November 1 that the building remains uncompleted, Bert must pay Manny $1000." For this clause to be enforceable, it must be found that | | | A party may never rescind a contract on his own, and all parties must always agree to the rescission. |
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http://school.discovery.com/quizzes17/jordanlaw1/Law1Chap18.html
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| | breach of contract |
| | Since the contract talks about the money being a deposit towards the down payment in one breath and being earnest money in another breath, you would be wise to have a lawyer review the whole situation for you and perhaps send the builder a letter. | | | If the parties stipulate that a sum given by the buyer to the seller is earnest money, either party may recede from the contract, but the buyer who chooses to recede must forfeit the earnest money, and the seller who so chooses must return the earnest money plus an equal amount. | | | We have said that based on what you have posted it seems to be an earnest money contract (although the contract is poorly written and somewhat unclear). |
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http://www.la-legal.com/forum/index.php?topic=5663.new
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| | Breach of Contract |
| | For breach of contract, he would normally be restored to the position he would have been in had the contract been properly fulfilled. | | | Damages may be awarded if a court decides that a defendant has either been negligent or broken a contract and foreseeable damage or loss results. | | | The measure of damages in negligence is to compensate the plaintiff for foreseeable losses or damage. |
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http://www.clickdocs.co.uk/glossary/breach-of-contract.htm
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| | Israeli Who Spied for CIA Loses Breach of Contract Suit |
| | When alleged due process rights "are alleged to emerge directly from a contract, the consideration of which is foreclosed by law," the case must be dismissed, the court concluded. | | | Generally, when the federal government enters into a contract with a private individual, it waives its sovereign immunity and can be sued for breach of the agreement. | | | The federal government asked Judge Glasser to dismiss the lawsuit on the pleadings, arguing that the secrecy required in the work of the CIA precluded any breach of contract lawsuit. |
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http://www.jonathanpollard.org/2001/022701.htm
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| | University of Michigan Law School: Centers and Programs |
| | The contract law doctrine of modification determines whether and when these modifications are enforceable. | | | Threatening breach, this party may induce the other party to modify the original agreement. | | | A party whose share in the surplus is reduced in an unexpected fashion might have a credible threat to breach, even if his absolute payoff from performance is still positive and greater than his payoff from breach. |
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http://www.law.umich.edu/centersandprograms/olin/abstracts/02-016.htm
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| | Boston Scientific holds talks in breach of contract dispute - Boston.com |
| | Tel Aviv-based Medinol is seeking up to $4 billion in damages in the breach of contract dispute. | | | Medinol claims Natick-based Boston Scientific breached a 10-year agreement, under which Medinol would supply the stents, packaged with a catheter delivery system made by Boston Scientific. | | | Boston Scientific holds talks in breach of contract dispute |
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http://www.boston.com/news/local/massachusetts/articles/2005/08/13/boston_scientific_holds_talks_in_breach_of_contract_dispute
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| | Toronto Breach of Contract Lawyer |
| | If you are involved in a contractual dispute, or would like legal advice with respect to a contract related issue, feel free to request a consultation with one of our Toronto lawyers. | | | Our lawyers are experienced in representing businesses and individuals in disputes involving the breach of contracts. | | | Is your contract the shield that protects you or is it the weapon that threatens you? |
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http://www.zvulony.com/contracts__disputes_lawyer.html
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| | SSRN-Governmental Liability for Breach of Contract by Daniel Fischel, Alan Sykes |
| | Government contracts are subject to a number of legal rules that have no private sector analogs, and that have received virtually no attention from law and economics scholars. | | | SSRN-Governmental Liability for Breach of Contract by Daniel Fischel, Alan Sykes | | | The analysis emphasizes a number of differences between governmental and private actors that have important implications for the wisdom of applying conventional breach of contract remedies to the government. |
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http://papers.ssrn.com/paper.taf?ABSTRACT_ID=157385
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| | Breach of Contract |
| | You will likely need a lawyer to protect your rights under the contract. | | | If you have a written employment agreement and your employer has demoted you or terminated you, then you may have a contractual right to compensation. | | | Even if you just want to negotiate a fair severance package you may want to consult with an attorney to be sure that you understand all of your rights. |
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http://www.southerncalifornialawyer.com/ContractBreach.htm
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| | ABC News: Pam Anderson Sued for Breach of Contract |
| | ABC News: Pam Anderson Sued for Breach of Contract | | | United Licensing claims it has a five-year contract but that Anderson repeatedly decided against licensing proposals. | | | United Licensing Group Inc., which is arranging for the manufacture of the star's perfume, clothing and other merchandise, claims Anderson has not been sufficiently available at signings, shoots and trade shows, according to a Superior Court lawsuit filed Thursday. |
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http://abcnews.go.com/Entertainment/wireStory?id=1014850
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| | Real Estate Forms: legal forms |
| | Although there are some simple agreements and contracts that can be verbal and still be legal, it is advised to avoid the use of any agreement or contract that is not in writing. | | | Landlords and tenants, buyers and sellers, made agreements by accepting the others word as a solemn promise. | | | Appropriately worded documents should provide protection for all parties involved and spell out the rights and obligations of each. |
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http://kaktus.com
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| | Miss. Supreme Court Overturns $80 Million Breach of Contract Verdict |
| | An $80 million damage award involving a breach of contract lawsuit was thrown out of court on Monday by the Mississippi Supreme Court in Jackson. | | | Supreme Court Overturns $80 Million Breach of Contract Verdict | | | Dickinson said the "forum selection clause" in Hood's contract with the defendants barred him from bringing the legal action in Mississippi. |
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http://www.insurancejournal.com/news/southeast/2004/11/22/47934.htm
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| | Activision - Corporate Info |
| | In its complaint, which was filed in the Superior Court of the State of California on June 30, 2003, Activision accused Viacom of breaching its fundamental promise to continue exploiting the Star Trek franchise consistent with its practice at the time the agreement was signed in 1998. | | | Activision Files Breach Of Contract Lawsuit Against Viacom | | | Santa Monica, CA – July 1, 2003 – Activision, Inc. (Nasdaq: ATVI), a leading developer, publisher and distributor of interactive entertainment software products, today announced that it has filed a breach of contract suit against Viacom. |
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http://www.activision.com/en_US/news_article_cc/a2d66498-9dde-49c0-ade0-fde70b0caab9.html
(524 words)
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| | BREACH OF CONTRACT - Definition |
| | anticipatory breach, breach, breach of promise, breach of the covenant of warranty, breach of trust, breach of warranty, constructive breach, material breach, partial breach | | | [n] a breach of a legal duty; failure to do something that is required in a contract | | | An unjustified failure to perform when performance is due. |
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http://www.hyperdictionary.com/dictionary/breach+of+contract
(50 words)
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| | WORKERS' COMPENSATION: BAD FAITH & BREACH OF CONTRACT Petition |
| | The WORKERS' COMPENSATION: BAD FAITH & BREACH OF CONTRACT Petition to Superior Court, Governor, President was created by Victims & Families and written by Sabrina Lane. | | | The "legal" way Workman's Compensation forces their victims into submission by with-holding funds, denying necessary medical care, and destroying lives is not only against the law but they also practice BREACH OF CONTRACT and BAD FAITH ACT. | | | My request: Change the laws more in favor of the Injured Workers', prosecute the ones that don't apply with the laws, and allow injured workers to file class action suit against Workers' Compensation Insurance companies for Breach of contract and Bad Faith. |
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http://www.petitiononline.com/Lane/petition.html
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| | mtv.com - News - Tyson Beckford Sues Diddy For Breach Of Contract |
| | Tyson Beckford Sues Diddy For Breach Of Contract | | | mtv.com - News - Tyson Beckford Sues Diddy For Breach Of Contract | | | According to the suit, filed in New York's Federal District Court on August 19, Beckford claims he signed a $1.2 million contract with Sean John to lend his face and image to the company's advertising campaign. |
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http://www.mtv.com/news/articles/1508642/08302005/puff_daddy.jhtml
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| | Ogborn, Summerlin & Ogborn, Denver, Colorado, National, Construction Commercial Building Housing Defects Government ... |
| | OSO has and is capable of negotiating and/or trying to a court or jury complex multi-party construction claims or disputes and individual homeowner's contractor or defect disputes. | | | We handle commercial and residential building defect claims, and all breach of contract issues. | | | Ogborn, Summerlin & Ogborn, Denver, Colorado, National, Construction Commercial Building Housing Defects Government Contracts Breach of Contract, Law Lawyer Attorney |
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http://www.osoconstructionlaw.com
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