Examples of Dissolution Agreement in a sentence
The respondent failed to pay $40,782.51, being the balance outstanding of the sum of $100,000, in breach of clause 3 of the Dissolution Agreement.
The conduct of the defendant at paragraph 20 hereof constitutes conduct in breach of:(a) clauses 2 and 4 of the Dissolution Agreement; and(b) the implied term of the Dissolution Agreement at paragraph 6 hereof.22.
Also, proof of the implied terms alleged in paragraphs 6(g) and 6(h) depended on no new or additional evidence: the terms were said to arise from the written terms of the Dissolution Agreement.[22] The primary judge held, and his findings in that regard are unchallenged, that the new oral term in the Dissolution Agreement alleged in paragraph 7A and the new implied term alleged in paragraph 7C, arose out of substantially the same facts as the original cause of action.
In the case of the 7C implied term, the primary judge concluded that although it arguably involved the inclusion of a new cause of action, it also arose out of substantially the same facts as the previously existing causes of action which "relate to the terms of the Dissolution Agreement concerning the invoicing of clients and collection of debts".
I will return to this point, but in view of the allowing of the amendments, including the oral and implied terms of the Dissolution Agreement (7A and 7C), it is difficult to see why paragraph 7F and paragraphs 6(g) and (h), insofar as they related to 7F, were not treated as permissible consequential amendments.Did paragraphs 7G and 7H of the TASC raise new causes of action?[23] I now turn to a consideration of paragraphs 7G and 7H of the TASC.
Pursuant to clauses 2, 3 and 4 of the Dissolution Agreement, the defendant was required to pay to the plaintiff one half of the said sums.19.
The failure to bill pleaded in 7F and the omission pleaded in 7K were treated in 7L as breaches of implied terms and of an oral term of the Dissolution Agreement not originally pleaded.
Paragraph 6(g) of the FAMSC alleged that it was an implied term that the respondent would not write-off any sums owing by the debtors as at 3 September 2001 or give any such client a credit note without the appellant's consent.[26] There was no direct allegation in that pleading that the facts alleged in paragraphs 6(f) and (g) constituted a breach of the Dissolution Agreement.
Paragraph 21 alleged that the conduct of the respondent referred to in paragraph 20 was in breach of clauses 2, 3 and 4 of the Dissolution Agreement and in breach of the implied terms of the Dissolution Agreement alleged in paragraphs 6(a), (b), (c), (d), (f), (g) and (h).
I note in this regard that the original statement of claim sought "an order for all necessary accounts and inquiries as to the sum due and owing by the [respondent] to the [appellant] pursuant to clauses 2, 3 and 4 of the Dissolution Agreement".