Punitive damages

qualify for recovery as damage “flow naturally from the breach.” Mammoth required the money to pay their subcontractors on time or else damages will continue to grow. An alternative way for Mammoth to recover damages would to mitigate, however it will be difficult as the building is specifically designed for the City of Brock. Mammoth Construction Inc. is a construction company so they are limited to choices on how to minimize their losses. One way is to receive liquidated damages that both…

Synopsis of Submissions of the Respondent May it Please Your Honour 1- The trial judge has not erred in applying the rule in Hadley v Baxendale, to the damages of $110,000 on the loss of the Moree Contract. 2- The Learned Trial judge should not have followed the reasoning in Transfield Shipping Inc v Mercator Shipping Inc [2009]. The Above Submissions are Supported as Follows Submission One 1.1 – Firstly, remoteness is used to identify the limits beyond which a defendant cannot be held liable…

CHAPTER EMERGENCY PROCEDURE TEAM RESPONSIBILITIES 1. Emergency Procedure Team: President (in charge) Vice President-Standards House Chairman Chapter Council Adviser 2. Emergency phone numbers for police, fire, emergency medical service/ambulance and campus security should be posted by all phones in the chapter facility. 3. Chapter member immediately contacts the appropriate emergency service and a member of the Emergency Procedure Team. 4. Chapter President • Ensures appropriate…

The article thus requires compensation to the parties of the contract after an appropriate legal follow has been made to determine the party who breached the contract. The most likely outcome of the case is that Letisha may be required to pay damages due to breach of contract. Looking at the case with a legal and industrial relationship perspective it is evident that Letisha breached the contract but several remedies are available for the breach of contract given that the terms were not clear…

was present, there are other steps Lucy could have taken to minimize damages caused by her failure to execute the contract. Charles would argue that he was not informed of the frustration, and Lucy did not promptly express repudiation. If the breach was anticipatory, Charles could have sued for breach of contract but now he can sue for all loses, including loss of profit and advertising. He was also unable to mitigate his damages as he was unaware that Lucy would not be able to perform on the…

are of all ages and backgrounds. They are trying to eliminate racism for the entire world; for they “understand that eliminating racism is necessary for humankind to progress”. Their message is simple, to illuminate the damage done to individuals by racism, and to undo the damage on an individual basis. Yet, their simple message seems to be blaming racism on those who are most directly affected by racism. They say to interrupt racism in their daily lives, to free themselves from all of racism's…

limit of the contract; in turn they should abide to the time factor. In the ruling of this case the jury of the first court determined that Driver had not complied with the contract terms, but Mustang did wrongfully end the contract. The jury awarded damages and attorneys’ fees to Driver as it was determined that Driver had not conducted in a material breach. They decided that the material breach was made by Mustang in the termination of the contract. The appeals court confirmed the jury’s…

to secure their server. The data breach exposed many flaws of the company as well other damaging information about the company’s plans. Along with the embarrassment of the hack, the company would now find themselves in danger of serious economic damages. Avid Life Media, which owned the site, was now at risk for lost profits, loss of optioned opportunities, and lawsuits. With the technological advancements in apps and websites, it is now easier than ever to meet up with people. The hack shined…

From my understanding of the opinion, if SPE knowingly failed to disclose a violation of material statutory, regulatory, or contractual requirement then they have made a misrepresentation that render their claims “false or fraudulent”. First we must establish that the implied certification theory is a basis for liability. There are 2 conditions: (1) Claim does not merely request payment, but also makes specific representations about goods/services provided; and (2) the defendants failure to…

Oxford dictionary defines damages as ³financial compensation for loss or injury´.In law, damages are money claimed by, or ordered to be paid to, a person as compensationfor loss or injury Black 's Law Dictionary.In context of the Indian Contract Act, 1872 damages are referred in context to breach of contract i.e. a party 's failure to perform some contracted-for or agreed-upon act, or his failure tocomply with a duty imposed by law which is owed to another or to society.Breach of contract is a…