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 ?
18) Justified by this higher burden, materiality properly plays a role in contract law that loss causation alone cannot: A material breach excuses the other party from all future performance.
This will include time spent carrying out visits (including all the time on site during which the material breach was identified); writing notifications of contravention, improvement or prohibition notices and reports; taking statements; and getting specialist support for complex issues.
Under the 'Fee For Intervention' scheme (FFI), costs would be recovered if, during an inspection or investigation, a material breach - a failure to adhere to health and safety law identified by an inspector as requiring formal action - is discovered.
If you are taking two or three steps to do what you can't do in one, that still represents a material breach," said Naomi Aoki, a spokeswoman for Biogen.
The Tax Court held that Trout's failure to timely file the returns was a material breach of the OIC and that the Appeals officer did not abuse his discretion in refusing to reinstate the OIC.
Independence Federal countered by stating that Carver "was in material breach of its merger agreement" because it was "no longer willing to pay" Independence Federal stockholders $21 a share.
A court in Delaware has indicated that it will dismiss Qualcomm's argument that TI did not make a material breach of the terms of a patent cross-license agreement and that Qualcomm didn't have any right to cancel TI's right to its CDMA patents.
For its part, TI claimed the court indicated it did not believe TI had made a material breach of the companies' agreement, and that Qualcomm was not entitled to terminate the agreement.
Tutor-Saliba's) inability to construct a parking facility that is structurally sound is a material breach of the intent of the contract and is obviously unacceptable,'' Kim Day, the interim executive director of Los Angeles World Airports, wrote to Tutor-Saliba Corp.
In order to reduce the risk that your distributor will bring a wrongful termination claim (and increase the chances that a Japanese court will uphold the termination if a claim is brought), the distribution agreement should impose a series of specific obligations upon the distributor and verify that failure to satisfy any of these obligations constitutes a material breach entitling you to terminate.
Cheney argued in a speech in mid-October that Kay's report "confirms a material breach by the former Iraqi regime of U.
A Welsh-only rule is therefore imperative sometimes, eg eisteddfod competitions, as any material breach could be the start of a slippery slope towards wholesale Anglicisation, English usually (but not always) being the interposing language in the event of a breach.

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