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...The article shows that, in many cases, the cause of action estoppel rules have undesirab... relief, after a plaintiff fails in a breach of contract action: . Ordinarily the plaintiff avo...
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...Contracts -- Employment contracts -- Pension rights -- Dismi... condemnation -- will rarely be awarded in cases of breach of contract for, unlike torts, the contr...
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... impact damage awards in breach of contract cases and, as a result, on how breach of contract cases ...
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...Employers who breached this duty would pay additional "bad faith damages"... and mental distress in employment dismissal cases, relying mostly on its own recent decision in Fidl... damages for mental distress in breach of contract cases, which extends to employment dismissal. (9) ...
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... to consider the nature of an employment contract and addressed the rights and obligations it encomp... suffer mental distress as a result of the breach of the plaintiff's contract.5 On appeal, the Manit...In all cases, these results are based on what was in the reason...
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It is commonly believed that the general rule is that damages for breach of contract are compensatory not restitutionary.2 So, the damages are measured by the loss to the plaintiff not by the gain to the defendant.3 However, there are many academic writings which have advocated that restitutionary damages should be available as general default rule in breach of contract, because it is able to provide adequate remedy to plaintiff when compensatory damages are inadequate. The A-G vs. Blake4 is the remarkable case which embodied by Hendrix5 case, posits the general restitutionary remedy. Blake has challenged the traditional approach of damages and signaled a trend of establishing restitutionary damages. The proponents of this point always purport 'the interests of justice' for plaintiff,6 ...
...Indeed, it is available in some particular cases, but always be exception of common law remedies ac...
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... has suffered loss or harm as a result of breach of the Act's criminal provisions. To date, there hhave been only a handful of cases where a claimant has been successful in establishi... will generally be limited to breach of contract cases where there is evidence that the parties agr...
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... an action in the Federal Court alleging breach of contract and other tortious conduct on the part... jurisdiction to hear actions in procurement cases in light of the CITT’s existence, or whether the...
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...In those cases where overtime class actions have been certified, ... proceedings, with claims for negligence, breach of contract and/or breach of fiduciary duty, often...
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... interest will generally be limited to breach of contract cases where there is evidence that the...