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If 360 had wanted the ability to recover both specific performance and monetary damages, and/or the ability to recover damages exceeding $250,000, then it could have bargained for the inclusion of these remedies in the Agreement.
Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.
The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”
I would say the vast majority of my clients are very fearful of losing their jobs, even with a collective bargaining agreement in place. Whenever symptoms manifest an injured worker needs to see a doctor and file an injury report if the doctor believes the illness is work-related. Why are people reluctant to report workplace injuries?
In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach).
While punch lists are not strictly speaking mandatory, points out Construction Claims Monthly , they are a widespread and traditional process that occurs toward the end of any construction project. If required, liability can be included in the contract in case a particular party does not complete their end of the bargain.
While punch lists are not strictly speaking mandatory, points out Construction Claims Monthly , they are a widespread and traditional process that occurs toward the end of any construction project. If required, liability can be included in the contract in case a particular party does not complete their end of the bargain.
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