material breach


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material breach

in Scots law, the kind of breach of contract that allows the victim to rescind the contract as being serious, going to the essentials of the contract. The term is not used in English law as a term of art but the Sale and Supply of Goods Act 1994 introduced the idea to cases where the victim of the breach is not a consumer.
References in periodicals archive ?
The fee payable by dutyholders found to be in material breach of the law is PS124 per hour.
The appellate court reversed the trial court's decision that granted a motion for permanent injunction holding that the reduction of the draw was a material breach of contract having the effect of releasing the employee from his obligations under the noncompete agreement.
In resolution 1441 the Security Council determined that Iraq has been and remains in material breach of resolution 687, because it has not fully complied with its obligations to disarm under that resolution.
in the end if the Security Council acknowledges a material breach by Iraq in some way.
He was quoted as having argued that only another invasion of Kuwait would constitute a material breach of the resolution.
On October 9, 2013, Immunomedics officially revealed that it was terminating the agreement and that it had warned Nycomed in May 2013 that Nycomed was in material breach of the agreement.
HSE stressed that law-abiding businesses will not pay a penny and that the HSE will only recover costs from duty-holders who are found to be in material breach of health and safety law.
A Pentagon spokesman has told him, "You are in material breach and violation of the non-disclosure agreements you signed", and added the Pentagon is considering "all legal remedies".
The HSE has published guidance showing that farmers will be charged pounds 124 per hour for an inspection where a material breach is discovered.
So war was declared in a fragile region because of fantasy weapons and yet the preferential treatment accorded to Israel by the US and UK governments means they have been able to proliferate WMD uninspected by extraneous forces and conditions and when, since 1967, they have been in material breach of UN Resolution 242 which requires them to withdraw their armed forces from Palestine.
On November 8th, the Security Council unanimously passed Resolution 1441, finding Iraq in material breach of its obligations, and vowing serious consequences if Iraq did not fully and immediately disarm.
The new resolution recalls that 'Iraq has been and remains in material breach of its obligations' under UN resolutions.

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