Instead, the contract was breached and gave rise to a claim for damages.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Generally, your employer should not assess you on the grounds of any ill health - this could give rise to a claim for disability discrimination.

(b) any claim arising out of circumstances notified to the insurer during the period of insurance as circumstances which might give rise to a claim.

The most challenging balancing problem arises in application to SLAPP claims which do not sound (give rise to a claim) in tort.

Since Ancient Roman times, it has been recognised that fraud is a delict, and that fraudulent misrepresentation accordingly gives rise to a claim for delictual damages.

It should be noted that we do not require immediate notification of any claim but in fact of any event which could give rise to a claim under the policy.

A British Overseas citizen parent does not in itself give rise to a claim to British Overseas citizenship, or any other form of British nationality.

The court is not aware of any authority holding that such a sexual encounter or proposition of the type alleged in this case, without more, gives rise to a claim of outrage.

The federal navigable servitude also bars the assertion of aboriginal title, although this may give rise to a claim for breach of fiduciary duty under the ICCA.

The insurance is only intended to cover vendors who at the time of contract had no knowledge of circumstances which eventually give rise to a claim or of the likelihood of claims being made under the warranties.

By contrast, a warranty is not fundamental to the performance of the contract and breach of a warranty, while giving rise to a claim for damages, does not entitle the non-breaching party to terminate the contract.

This is supported by General Condition 2 of the Engineering and Computer Policies which sets out the action to be taken by the Policyholder on the happening of any event which may give rise to a claim.

It is a condition that, at the time of insurance becoming effective, the insured person has not booked his/her holiday contrary to medical advice nor is aware of any circumstances which could reasonably be expected to give rise to a claim.

Where a party exceeds the scope of any prior consent given, that consent will be deemed revoked upon express communication of the objecting party's revocation of consent, and may give rise to a claim for wrongful retention.

There is a presumption that amounts included in debt represent unconditional contractual obligations of the reporting entity and would give rise to a claim on a winding up for an amount similar to that at which they are stated in the financial statements.

The Sheriff was of the opinion that the pursuers' right to damages arose at once upon the default of the defenders, as every breach gave rise to a claim of damages irrespective of whether it was a breach sufficiently material to justify rescission.

By contrast, a warranty of a fact or state of affairs in an insurance contract, once breached, discharges the insurer from liability under the contract from the moment of breach; while breach of a mere condition gives rise to a claim in damages alone.

Likewise, the Kentucky Supreme Court in Commonwealth v. Fuartado, 170 S.W.3d 384 (Ky. 2005) held that the failure of defense counsel to advise a defendant of potential deportation did not give rise to a claim of ineffective assistance of counsel.

It is coercive and not mere idle abuse and demands either action or abstention from action on the part of the recipient, so a mere announcement by A that he proposes to strike B is not, for the purposes of the law, a 'threat' and cannot of itself give rise to a claim for damages.