General Damages. To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for losses, damages, or costs exceeding in the aggregate the greater of (i) the total amount of Fees you paid to Stripe (excluding all pass-through fees levied by Financial Partners) during the 3-month period immediately preceding the event giving rise to the liability; and (ii) $500 USD.
General Damages. The trademark proprietor bears the burden of proving his loss on a balance of probabilities Compensatory principle: The amount of damages seeks to put the trade mark proprietor in the same position it would have been if the wrong(s) had not been committed • Example: Where the infringement diverted sales away from the trademark proprietor to the infringer, the measure of damages would be the profit that would have been realised by the trademark proprietor had those sales been made by him instead
General Damages. OBTAIN GENERAL DAMAGES AGAINST BUYER AND BUYER’S GUARANTOR (THE “GENERAL DAMAGE REMEDY”). GENERAL DAMAGES SHALL BE DEFINED AS THE SUM OF (A) THE DIFFERENCE BETWEEN (i)THE PURCHASE PRICE CONTAINED IN THIS AGREEMENT AND (ii) THE NET ACTUAL SALES PRICE RECEIVED BY SELLER IN AN ARM’S LENGTH, THIRD PARTY SALE CONSUMMATED BY SELLER AFTER BUYER’S FAILURE TO CLOSE HEREUNDER, PLUS (B) ALL OF SELLER’S COSTS PURSUANT TO SECTION 18.5, BELOW, INCLUDING, BUT NOT LIMITED TO, LEGAL PURSUIT COSTS IN THE ENFORCEMENT AND COLLECTION OF SUCH DAMAGES. JF [***] SELLER’S INITIALS BUYER’S INITIALS
General Damages. The plaintiffs claim for general damages for stress, hardship and uncertainties are in two broad areas. The first relates to the living conditions following the issue of the stopwork notice, the second to the planning litigation they were required to prosecute. Evidence of their living conditions was given by Mrs Xxxxxxxx. At the time the stopwork and abatement notices were served in February 1993, the house was at the stage where the framing had been erected, some plumbing and drainage had been installed, but little further had been done. They were in a dilemma. They had drawn down the majority of the $120,000.00 loan they had arranged and were therefore liable for the principal and interest payments. They were living in rented accommodation. They could not afford to pay both the rent of $125.00 a week and the mortgage payments of $496.00 per fortnight. They decided their only course was to live in the house. Fortunately the drainage work had been completed. To make the house occupiable plywood was placed on the outside and they put in a toilet and shower, a kitchen sink, a gas stove and a washing machine, although these were not properly installed. There were no power points. They had to take power from the builder’s pole. They put in windows and a roof. There was only a door on the toilet and one between the garage and the house. It was draughty and unpleasant. There was little privacy. The kitchen facilities were primitive. The floors were concrete. The house with the temporary cladding leaked. There was no insulation or ceiling. Initially the walls were unlined but later gibraltor board was installed. Initially there were no bathing facilities - they travelled to Mr Xxxxxxxx’s parent’s house to wash. In the winter there was mud and clay brought in from the unformed gardens outside. There were no lights upstairs. Mrs Xxxxxxxx considered that their health suffered. The girls then aged five and three had more colds and flu than previously. She was pregnant with their third child when they moved in. She also had poor health and Mr Xxxxxxxx developed high blood pressure. She referred to the emotional impact. The conditions placed a strain on the relationship between the two of them. There was also a social impact. Due to the state of the house they did not consider they could invite friends in. They also referred to the worry and uncertainty surrounding the planning application to the Council and the appeal to the Planning Tribunal, compounded by the large...
General Damages. 3. To determine the appropriate quantum, the factors set out in Cornilliac v St Louis2 were instructive. Simply, the court proceeded by analyzing the evidence through these formative principles and, where there were evidentiary deficiencies; it used its best judicial judgment to arrive at the most suitable compensation for the claimant. The overly rehashed statement of principle that the purpose of damages is to put the claimant visited by the tort back into the position that she was in prior to its occurrence finds relevance herein. This court’s aim was to provide fair compensation to this claimant for the injuries sustained; the path for which was only achievable based on a proper balancing of the evidence and law.
General Damages. The Parties agree that, in the event of a breach of any of the provisions of this Agreement, the defaulting Party shall be liable to the other Party for all damages or Losses which constitute direct and/or general damages. Notwithstanding anything contained to the contrary in this Agreement, the Parties agree that the following instances of Losses or damages, amongst others, shall be considered direct and/or general damages, irrespective of whether such costs are in fact direct, general, special, indirect or consequential damages: any incremental administrative activities and associated costs properly incurred by the Service Recipient (or any of its Affiliates) for the purpose of rectifying a breach by the Provider of its obligations to provide the Services in accordance with the Agreement; all costs associated with the recreating or reloading any of Service Recipient's lost or damaged Data; all costs and expenses in implementing any Work-Arounds in respect of a failure to provide the Services; the costs of replacing lost or damaged equipment, software or other materials; all costs and expenses incurred to correct errors in hardware maintenance, software maintenance and/or enhancements provided as part of the Services; the costs and expenses incurred to procure the Services from an alternate source; and all time costs, overtime and/or related expenses incurred by Service Recipient in respect of the Employees and other resources which it deploys in responding to or mitigating the consequences of any Service failure.
General Damages. If subclause 23.8 is found for any reason to be void, invalid or otherwise inoperative so as to disentitle the Principal from recovering liquidated damages, the Principal will be entitled to recover general damages as a result of the Managing Contractor failing to achieve completion by the date for completion, but the Managing Contractor's liability for such damages (whether per day or in aggregate) will not be any greater than the liability which the Managing Contractor would have had if subclause 23.8 had not been void, invalid or otherwise inoperative.
General Damages. General damages for the Seller are essentially the equivalent of specific performance for the Buyer. Most jurisdictions do not permit the Seller to bring an action of specific performance against the defaulting Buyer as money is considered fungible. The Seller is usually limited to the liquidated damages or other damages permitted under the Agreement. General damages is an amount equal to the difference between the contract price and the market value of the Assets if the market value of the Assets is less than the sales price of the Assets. If the agreement provides for general damages for the Buyer the measure is excess of the market value of the assets over the purchase price.
General Damages. 194. In my assessment of the pain, suffering and loss of amenities, the Court is guided by the traditional principles of examining the nature and extent of the injuries sustained, the nature and gravity of the resulting disability, the pain and suffering endured, the loss of amenities, the extent to which his pecuniary prospects have been affected. See Cornilliac v
General Damages. 4. General damages are losses to the plaintiff that cannot be precisely quantified and are presumed by law to flow from the wrong committed by the defendant, as the direct, natural and probable consequences of it. See