Breach of contract claim definition

Breach of contract claim means a claim for amounts due from a landscape contracting business as a result of a breach of contract in performing work subject to ORS 671.510 to 671.760.
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Examples of Breach of contract claim in a sentence

  • Breach of contract claim filed by Gary Jet Center This case involves a claim against the Authority for violation of Section 1983 and potential breach of contract.

  • Breach of contract claim against Curtiss-Wright UK Plaintiff insists that Curtiss-Wright UK is a proper defendant for his breach of contract claim because it is “responsible for ACRA Ireland’s liabilities,” whether Curtiss-Wright UK acquired ACRA Ireland through a “stock purchase” or an “asset purchase.” Pl.’s 1st Mot.

  • Breach of contract claim against FBRUnder Texas law, to establish a claim for breach of contract a plaintiff must show: “(1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of contract by the defendant; and (4) damages sustained by the plaintiff as a result of the breach.” Mullins v.

  • Breach of contract claim against GACP IIAs stated above, to establish a breach of contract claim, a plaintiff must demonstrate “(1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the defendant; and (4) damages sustained by the plaintiff as a result of the breach.” Mullins, 564 F.3d at418.

  • National Investments, LLC (“SummitBridge) and Trident.3 The complaint included three claims for relief against Trident, as follows:Count V - Avoidance of fraudulent transfers pursuant to Bankruptcy Code §§ 548 and 550 against Trident; Count IX - Breach of contract claim against Trident; Count X - Professional negligence claim against Trident.Currently before me is Trident’s motion to dismiss these claims.

  • Breach of contract claim against former employee fails as written employment agreement contradicts plaintiff’s claim and plaintiff asserted no claim based on later oral agreement.

  • Breach of contract claim In Massachusetts, to create an enforceable contract, there must be an agreement between the parties on the material terms of the contract, and the parties must have a present intention to be bound by that agreement.

  • Breach of contract claim [102] I observe at the outset that Spoilt’s claim is for damages for breach of contract and not for compensation pursuant to contract.

  • I have been asked to a newly incorporated company.TEXT 3: Breach of contract claim The law of contract (‘contract law’) is an area of civil law (as opposed to criminal law).

  • Breach of contract claim were properly excluded17 therefrom since, by definition, the California Tort Claims Act (CTCA) deals with tort 18claims, not breaches of contracts.19C.

Related to Breach of contract claim

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Warranty Claim means any claim for breach of Warranty;

  • Product Liability means any liability, claim or expense, including but not limited to attorneys’ fees and medical expenses, arising in whole or in part out of a breach of any express or implied product warranty by the Company, strict liability in tort, negligent manufacture of product, negligent provision of services, product recall, or any other allegation of liability arising from the design, testing, manufacture, packaging, labeling (including instructions for use), or sale of products.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • BREACH OF CONTRACTUAL OBLIGATION means amongst others also the following:

  • Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Liability Claim has the meaning set forth in Section 7.2(a).

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Indemnification Claim has the meaning set forth in Section 12.3.

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • Defect Liability Period in relation to a work means the specified period from the date of COMPLETION CERTIFICATE upto the date of issue of FINAL CERTIFICATE during which the CONTRACTOR stands responsible for rectifying all defects that may appear in the works executed by the CONTRACTOR in pursuance of the CONTRACT and includes warranties against Manufacturing/Fabrication/ Erection/Construction defects covering all materials plants, equipment, components, and the like supplied by the CONTRACTOR, works executed against workmanship defects.

  • Products Liability means:Your legal liability in respect of Personal Injury and/or Property Damage caused by or arising out of any Products or the reliance upon a representation or warranty made at any time with respect to such products; but only where such Personal Injury and/or Property Damage occurs away from premises owned or leased by or rented to You and after physical possession of such products has been relinquished to others.

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Direct Claim has the meaning set forth in Section 8.05(c).

  • 503(b)(9) Claim means a Claim or any portion thereof entitled to administrative expense priority pursuant to section 503(b)(9) of the Bankruptcy Code.

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Third Party Claim has the meaning set forth in Section 8.3.

  • Product Liabilities means any Liability arising out of, relating to or resulting from actual or alleged harm, injury, damage or death to persons in connection with the use of any product (including in any clinical trial or study);

  • Indemnified Matter has the meaning specified in Section 11.4 (Indemnities).