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 ?
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.
As our NATO allies stand shoulder-to-shoulder with the United States in our necessary response to Russias material breach of the INF Treaty, its now critical for Congress to fully support American and allied efforts to advance our military response options and prevent the Putin regime from gaining any military advantage from its unlawful conduct in any region of the world.
When a material breach is identified from a visit, cost recovery will begin and it includes the time that an inspector spends on the case, through to the point that the breach has been rectified.
The note said it was plain Iraq had failed to comply and therefore remained "in material breach".
The employer's failure to pay compensation under a contract of employment is the most common material breach available as a defense to employees who have previously signed noncompete agreements.
Home Office Minister Beverley Hughes said: ``Although the report concludes that there has been no material breach of contract by Landmark,it is clear that what happened in Liverpool is completely unacceptable.
The new resolution recalls that ``Iraq has been and remains in material breach of its obligations'' under UN resolutions.
The Prime Minister insisted that his aim was still to follow the route of the United Nations but he left no doubt he now wants Iraq formally declared "in material breach" of its UN obligations.
The United States on Thursday declared Iraq's disclosure of arms programs in ''material breach,'' saying it falls far short of meeting the directives of a U.N.
Powell stopped just short of threatening war with Iraq as he declared it in "material breach," or violation, of several UN Security Council resolutions and another calling for the Iraqi president to stop oppressing the Iraqi people.
He said the document was clearly a 'material breach' leading to speculation that the US could launch an attack on Iraq as early as January next year.
"We do not judge whether something constitutes a material breach", he says of the inspectors.

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