Breach Of Contract Quotes

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Relax, Mr. Diggums. Have another nettle beer, or some spring water." The commander took two bottles from the cooler and offered one to Mulch. Mulch studied the label. "Derrier? No thanks. You know how they put the bubbles in this stuff?" Vinyaya's mouth twitched with the ghost of a smile. "I thought it was naturally carbonated." "Yeah, that's what I thought until I got a prison job at the Derrier plant. They employ every dwarf in the Deeps. They made us sign confidentiality contracts." Vinyaya was hooked. "So go on, tell me. How do they get the bubbles in?" Mulch tapped his nose. "Can't say. Breach of contract. All I can say is it involves a huge vat of water and several dwarfs using our ...eh" Mulch pointed to his rear end-"... natural talents." Vinyaya gingerly replaced her bottle.
Eoin Colfer (The Lost Colony (Artemis Fowl, #5))
If you neglected to warn Djetth beforehand that you were going to shoot him down, Your Highness, he may consider you in breach of contract... -- Rhett
Rowena Cherry (Insufficient Mating Material (God Princes of Tigron, #2))
It seemed more and more like something out of a children's book - the butterfly that followed the little girl all the way home to her fifth-floor walk-up. How above-the-law children's books are. Hansel and Gretel (littering, breaking and entering), Rumpelstiltskin (forced labor), Snow White (conspiracy to commit murder), Rapunzel (breach of contract).
Sloane Crosley
The only proper purpose of a government is to protect man's rights, which means: to protect him from physical violence. A proper government is only a policeman, acting as an agent of man's self-defense, and, as such, may resort to force only against those who start the use of force. The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breaches or fraud by the others, to settle disputes by rational rules, according to objective law. But a government that initiates the employment of force against men who had forced no one, the employment of armed compulsion against disarmed victims, is a nightmare infernal machine designed to annihilate morality: such a government reverses its only moral purpose and switches from the role of protector to the role of man's deadliest enemy, from the role of of policeman to the role of a criminal vested with the right to the wielding of violence against the victims deprived of the right of self-defense. Such a government substitutes for morality the following rule of social conduct: you may do whatever you please to your neighbor, provided your gang is bigger than his.
Ayn Rand (Atlas Shrugged)
A professional who doesn't deliver as committed is not just lazy, he is a liar.
Amit Kalantri (Wealth of Words)
As my lawyer dad would say, I had breached a contract with the devil.
Elle Casey
This is getting beyond a joke now. I have a long list of things that can’t be completed because some vital part is not available. It’s driving my Commanders crazy.” He glanced at Mary. “And they take it out on me!” The Admiral saw the grin. “Ah, I see, so now you want to take it out on me? No way, Captain Heron.” He laughed. “Security think there is something else going on here. None of the suppliers is reporting problems in manufacture, there’s no shortages reported in the raw materials, and there are no reports of any other problems—but they seem unable to meet a third of our requirements. Just enough that we can’t claim breaches of contract.
Patrick G. Cox (First into the Fray (Harry Heron #1.5))
[Israel's military occupation is] in gross violation of international law and has been from the outset. And that much, at least, is fully recognized, even by the United States, which has overwhelming and, as I said, unilateral responsibility for these crimes. So George Bush No. 1, when he was the U.N. ambassador, back in 1971, he officially reiterated Washington's condemnation of Israel's actions in the occupied territories. He happened to be referring specifically to occupied Jerusalem. In his words, actions in violation of the provisions of international law governing the obligations of an occupying power, namely Israel. He criticized Israel's failure "to acknowledge its obligations under the Fourth Geneva Convention as well as its actions which are contrary to the letter and spirit of this Convention." [...] However, by that time, late 1971, a divergence was developing, between official policy and practice. The fact of the matter is that by then, by late 1971, the United States was already providing the means to implement the violations that Ambassador Bush deplored. [...] on December 5th [2001], there had been an important international conference, called in Switzerland, on the 4th Geneva Convention. Switzerland is the state that's responsible for monitoring and controlling the implementation of them. The European Union all attended, even Britain, which is virtually a U.S. attack dog these days. They attended. A hundred and fourteen countries all together, the parties to the Geneva Convention. They had an official declaration, which condemned the settlements in the occupied territories as illegal, urged Israel to end its breaches of the Geneva Convention, some "grave breaches," including willful killing, torture, unlawful deportation, unlawful depriving of the rights of fair and regular trial, extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly. Grave breaches of the Geneva Convention, that's a serious term, that means serious war crimes. The United States is one of the high contracting parties to the Geneva Convention, therefore it is obligated, by its domestic law and highest commitments, to prosecute the perpetrators of grave breaches of the conventions. That includes its own leaders. Until the United States prosecutes its own leaders, it is guilty of grave breaches of the Geneva Convention, that means war crimes. And it's worth remembering the context. It is not any old convention. These are the conventions established to criminalize the practices of the Nazis, right after the Second World War. What was the U.S. reaction to the meeting in Geneva? The U.S. boycotted the meeting [..] and that has the usual consequence, it means the meeting is null and void, silence in the media.
Noam Chomsky
The only proper purpose of a government is to protect man's rights, which means: to protect him from physical violence. The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others, to settle disputes by rational rules, according to objective law. (John Galt)
Ayn Rand
June 5: Eunice Murray calls the studio to report Marilyn is ill, and Dr. Lee Siegel is dispatched to her home. He discovers that she is suffering from sinusitis and has a temperature of 102 degrees. Marilyn’s lawyer, Mickey Rudin, receives a letter stating Fox’s intention to sue for breach of contract. June
Carl Rollyson (Marilyn Monroe Day by Day: A Timeline of People, Places, and Events)
Charging commercial institutions with failure to educate public taste is an indulgence from which intellectuals will only be deterred when they grasp that a non-existant contract can be neither breached nor enforced. If commerce is to be indicted for anything, it can only be for commercialism, and whether that is a crime or not is a political question.
Colin Watson (Snobbery with Violence: English Crime Stories and Their Audience)
Jesse's eyes went wide like a child. "If there are secret passages in here, I am never moving out." "It's a good thing I don't want you to.
J.R. Gray (Breach Of Contract (Bound #2))
Society mediates between the extremes of, on the one hand, intolerably strict morality and, on the other, dangerously anarchic permissiveness through an unspoken agreement whereby we are given leave to bend the rules of the strictest morality, provided we do so quietly and discreetly. Hypocrisy is the grease that keeps society functioning in an agreeable way, by allowing for human fallibility and reconciling the seemingly irreconcilable human needs for order and pleasure. When Buckley and Wambaugh said bluntly that it’s all right to deceive subjects, they breached the contract whereby you never come right out and admit you have stretched the rules for your own benefit. You do it and shut up about it, and hope you don’t get caught, because if you are caught no one — or no one who has any sense — will come forward and say he has done the same thing himself.
Janet Malcolm (The Journalist and the Murderer)
How exquisitely, stupidly tragic. That was when I decided I’d never marry my soulmate. From what I could see, marrying your soulmate was reckless. A commitment like marriage was best treated like a contract, with a list of terms and conditions, and the potential to extricate yourself if the terms were breached. If I left love out of it, I would never end up the way my mother had, I reasoned.
Sally Hepworth (The Soulmate)
the lower South, its meaning was settled by the overtly discriminatory Black Codes. These codes, described by Kenneth Stampp as “a twilight zone between slavery and freedom,”12 restricted Blacks by, for instance, requiring them to sign labor contracts and prohibiting them from taking any job other than farmer or servant without receiving a license and paying a tax.13 Extensive regulation of the “employment” relationship made it resemble slavery, with “masters” allowed to whip “servants.” Breaching or not entering into a contract could trigger the application of vagrancy laws, which took advantage of the Thirteenth Amendment back door: Blacks convicted of vagrancy could be sentenced to work or leased out while prisoners.
Kermit Roosevelt III (The Nation That Never Was: Reconstructing America's Story)
Political philosophers of the Enlightenment, from Hobbes and Locke, reaching down to John Rawls and his followers today, have found the roots of political order and the motive of political obligation in a social contract – an agreement, overt or implied, to be bound by principles to which all reasonable citizens can assent. Although the social contract exists in many forms, its ruling principle was announced by Hobbes with the assertion that there can be ‘no obligation on any man which ariseth not from some act of his own’.1 My obligations are my own creation, binding because freely chosen. When you and I exchange promises, the resulting contract is freely undertaken, and any breach does violence not merely to the other but also to the self, since it is a repudiation of a well-grounded rational choice. If we could construe our obligation to the state on the model of a contract, therefore, we would have justified it in terms that all rational beings must accept. Contracts are the paradigms of self-chosen obligations – obligations that are not imposed, commanded or coerced but freely undertaken. When law is founded in a social contract, therefore, obedience to the law is simply the other side of free choice. Freedom and obedience are one and the same. Such a contract is addressed to the abstract and universal Homo oeconomicus who comes into the world without attachments, without, as Rawls puts it, a ‘conception of the good’, and with nothing save his rational self-interest to guide him. But human societies are by their nature exclusive, establishing privileges and benefits that are offered only to the insider, and which cannot be freely bestowed on all-comers without sacrificing the trust on which social harmony depends. The social contract begins from a thought-experiment, in which a group of people gather together to decide on their common future. But if they are in a position to decide on their common future, it is because they already have one: because they recognize their mutual togetherness and reciprocal dependence, which makes it incumbent upon them to settle how they might be governed under a common jurisdiction in a common territory. In short, the social contract requires a relation of membership. Theorists of the social contract write as though it presupposes only the first-person singular of free rational choice. In fact, it presupposes a first-person plural, in which the burdens of belonging have already been assumed.
Roger Scruton (How to Be a Conservative)
When an employer lets go of someone, it is sometimes because they breached the formal written contract of employment. When someone quits, it is almost always because their manager or the company breached the unwritten contract.
Carolyn Swora (Rules of Engagement: Building a Workplace Culture to Thrive in an Uncertain World)
May 15–16: Marilyn arrives punctually and works through the customary starts and stops of production without complaint. She watches the rushes and realizes that she is “sensational”—to employ the word the film’s editor, David Bretherton, uses when she asks him about her performance and appearance. But she angers Cukor, who learns of her criticisms of his shooting style. Marilyn’s lawyers are notified they will receive a letter from Fox stating that she will be in breach of her contract if she attends the birthday gala for President Kennedy.
Carl Rollyson (Marilyn Monroe Day by Day: A Timeline of People, Places, and Events)
Often a condition will be waived and the agreement rewritten to require that it be completed on a post-closing basis. This is often referred to as a post-closing condition—an inaccurate name, as a technical matter, because such a requirement is no longer a condition to performance. Instead, it has been converted into a covenant that one party must perform or else suffer the consequences for breach.
Charles M. Fox (Working with Contracts: What Law School Doesn't Teach You (PLI's Corporate and Securities Law Library))
Vengefulness signals that a breach in contract will not be tolerated at any cost, even at the price of the avenging individual’s own life or fortune. In each case, the emotion was presumably selected in response to a statistical range of specific ancestral problems that required abeyance of short-term calculations of selfinterest. Such emotions would have to be “eruptive” to be believed and to convince others, that is, sincerely out of control, hard to fake, and unsuited to apparent self-interest.
Scott Atran (In Gods We Trust: The Evolutionary Landscape of Religion (Evolution and Cognition))
9.] Query, whether the following be fit to be published. The governor, Mr. Bellingham, was married, (I would not mention such ordinary matters in our history, but by occasion of some remarkable accidents). The young gentlewoman was ready to be contracted to a friend of his, who lodged in his house, and by his consent had proceeded so far with her, when on the sudden the governor treated with her, and obtained her for himself. He excused it by the strength of his affection, and that she was not absolutely promised to the other gentleman. Two errors more he committed upon it. 1. That he would not have his contract published where he dwelt, contrary to an order of court. 2. That he married himself contrary to the constant practice of the country. The great inquest presented him for breach of the order of court, and at the court following, in the 4th month, the secretary called him to answer the prosecution. But he not going off the bench, as the manner was, and but few of the magistrates present, he put it off to another time, intending to speak with him privately, and with the rest of the magistrates about the case, and accordingly he told him the reason why he did not proceed, viz., being unwilling to command him publicly to go off the bench, and yet not thinking it fit he should sit as a judge, when he was by law to answer as an offender. This he took ill, and said he would not go off the bench, except he were commanded.
John Winthrop (Winthrop's Journal, History of New England, 1630-1649: Volume 2)
There are hints, too, of wider social trends. The first edition of the Dictionary contains more than thirty references to coffee, and even more to tea. Johnson would vigorously defend the latter, not long after the Dictionary was published, in his review of an essay by the umbrella-toting Hanway, who believed it was ‘pernicious to health, obstructing industry and impoverishing the nation’.2 Johnson’s love of tea was deep but not exceptional: the leaf had been available in England since the 1650s (Pepys records drinking it for the first time in September 1660), and by 1755 it was being imported to Britain at the rate of 2,000 tons a year. The fashion for tea-drinking, facilitated by Britain’s imperial resources, drove demand for another fruit of the colonies, sugar (‘the native salt of the sugar-cane, obtained by the expression and evaporation of its juice’). Tea also played a crucial role in the dissolution of the eighteenth-century British Empire, for it was of course Bostonian opponents of a British tax on tea who opened the final breach between Britain and colonial America. All the same, it was coffee that proved the more remarkable phenomenon of the age. Johnson gives a clue to this when he defines ‘coffeehouse’ as ‘a house of entertainment where coffee is sold, and the guests are supplied with newspapers’. It was this relationship between coffee and entertainment (by which Johnson meant ‘conversation’) that made it such a potent force. Coffee was first imported to Europe from Yemen in the early part of the seventeenth century, and the first coffee house opened in St Mark’s Square in Venice in 1647. The first in England opened five years later—a fact to which Johnson refers in his entry for ‘coffee’—but its proprietor, Daniel Edwards, could hardly have envisioned that by the middle of the following century there would be several thousand coffee houses in London alone, along with new coffee plantations, run by Europeans, in the East Indies and the Caribbean. Then as now, coffee houses were meeting places, where customers (predominantly male) could convene to discuss politics and current affairs. By the time of the Dictionary they were not so much gentlemanly snuggeries as commercial exchanges. As the cultural historian John Brewer explains, ‘The coffee house was the precursor of the modern office’; in later years Johnson would sign the contract for his Lives of the English Poets in a coffee house on Paternoster Row, and the London Stock Exchange and Lloyd’s have their origins in the coffee-house culture of the period. ‘Besides being meeting places’, the coffee houses were ‘postes restantes, libraries, places of exhibition and sometimes even theatres’. They were centres, too, of political opposition and, because they were open to all ranks and religions, they allowed a rare freedom of information and expression.
Henry Hitchings (Defining the World: The Extraordinary Story of Dr. Johnson's Dictionary)
However, from the beginning of its existence, God warned Israel against relying on treaties with other nations, instead of relying on Him. (Exodus 23:32) Israel didn’t listen, and always suffered for it. Today is no different. If you had a customer who entered into multiple contracts with you, and over time, breached every single contract, every one, how smart would you be to give consideration, serious consideration, to signing another contract? Your family and friends might recommend a guardianship. However, the appointment of a guardian for an entire nation is not a legal or feasible alternative. There are many indications that Israel may soon enter into another peace treaty.
John Price (The End of America: The Role of Islam in the End Times and Biblical Warnings to Flee America)
Nurse Practitioner Liability and NP Error in New Jersey, US. Nurse Practitioner Liability - Np Error includes Failure to provide oversight, Breach of Contract, Patient is harmed, Harm is Foreseeable in New Jersey, US. According to Recent Case Law Physician had a duty of care to the patient of an NP, even through the Physician never saw or evaluated the patient and the Facts are Dr. had a Collaborative Practice Agreement (CPA) with NP, who owned her medical practice.
Medzel
Once you start giving up parts of yourself to make a relationship work, it's the beginning of the end.
J.R. Gray (Breach Of Contract (Bound #2))
Take for example, a contract with a section entitled “Default; Breach; Remedies.” Why not change this subhead to “What Happens If Parties Cannot Adhere to This Agreement?
Janelle Orsi (Practicing Law in the Sharing Economy: Helping People Build Cooperatives, Social Enterprise, and Local Sustainable Economies)
As I recall, you were kissing back pretty eagerly, Lilenta. You can’t claim breach of contract when you were so obviously ready and willing.” “Why you—I was not! I mean, I wasn’t…wasn’t myself for some reason.” Liv still had no idea why her self control seemed to fly out the window when she got in close proximity with the big Kindred warrior but she was too angry to try and analyze it now. “Anyway, it’s not like you have any better self control than me—you started it! Why do you think I’m dressed like this?” “I don’t know—why don’t you tell me?” His eyes flashed gold. “You claim it’s not because you’re afraid of me. Could it be that you don’t trust yourself?” That was closer to the truth than Liv wanted to admit which only made her angrier. “It’s because I don’t trust you, you big bastard!” A corner of his full mouth went down and his eyes were suddenly cool. “I told you before I would never take you against your will. You could dress in the most revealing night clothes imaginable and I wouldn’t lay a hand on you if you didn’t want me to.” “Is that right?” Liv lifted her chin and looked at him speculatively. His words had given her the beginnings of a plan but she’d need some help to carry it out. “Yeah, that’s right. I have no interest in taking what you don’t want to give.” “We’ll
Evangeline Anderson (Claimed (Brides of the Kindred, #1))
Uh…” Liv laughed nervously. “I’m so sorry—I didn’t mean to jump you like that.” She tried to get off his lap but he pulled her back down. “What’s the rush, Lilenta?” “I…I just…” The words wouldn’t come. Liv had been carefully avoiding getting too close to him for most of the week but now that she was in contact with him again, almost full body contact, whispered the naughty little voice in her head, she was finding it hard to think about anything but how good it felt to have his arms around her and how incredible he smelled. “You just what?” Baird seemed mildly amused. “You just thought you’d come out here dressed in next to nothing and tease me?” “I never thought that!” Liv felt a hot blush climbing her cheeks as she tried again to push away from him. Baird let her sit back a little but he kept her firmly planted in his lap. “Of course you didn’t.” He made a show of looking her up and down, his hot golden gaze taking in everything from the way she was nearly falling out of the grey satin bra cups to the skimpy satin panties that completed the set. “You know, Olivia, I can only think of two reasons you would wear something like this. One, you’ve finally decided to give in and let me bond you.” Liv’s throat finally unlocked. “What’s option number two?” she asked, wishing her voice didn’t sound so squeaky. Baird’s eyes hardened. “Two would be that you thought you could come out here, flash a little skin and then get me on breach of contract and improper touching when I went for you. You think you’re the first bride to have that idea? Hate to break it to you, Lilenta, but it’s been done before to other Kindred. I was wondering when you were going to try it.” “I…I would never…” Liv was mortified that he had seen through her plan so easily. Baird
Evangeline Anderson (Claimed (Brides of the Kindred, #1))
You know how they put the bubbles in this stuff?” Vinyáya’s mouth twitched with the ghost of a smile. “I thought it was naturally carbonated.” “Yeah, that’s what I thought until I got a prison job at the Derrier plant. They employ every dwarf in the Deeps. They made us sign confidentiality contracts.” Vinyáya was hooked. “So go on, tell me. How do they get the bubbles in?” Mulch tapped his nose. “Can’t say. Breach of contract. All I can say is it involves a huge vat of water and several dwarfs using our . . . eh”—Mulch pointed to his rear end—“. . . natural talents.” Vinyáya gingerly replaced her bottle.
Eoin Colfer (The Lost Colony (Artemis Fowl, #5))
A verbal contract requires an offer, an acceptance of that offer, and consideration (i.e., a bargained-for exchange). Once a complete verbal agreement has been made between two “competent” parties, the contract is just as legally binding as a written contract and claims can be made against a breaching party.
londonlawpractice
The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others, to settle disputes by rational rules, according to objective law. But
Ayn Rand (Atlas Shrugged)
is essentially to deny agency, to say we would all lie, cheat, and steal, all of the time, if only we knew for sure we would get away with it. Rather, we restrain from theft, destruction, and breach of contract because we respect the agency of others.
Allen Farrington (Bitcoin Is Venice: Essays on the Past and Future of Capitalism)
The law of torts can be defined as a law that deals with injuries or wrongs inflicted on a person which is civil in nature and does not come within the ambit of breach of contract or breach of trust; further, that which can be tried in the civil courts. When an injury is inflicted, the aggrieved party is entitled to file a suit in the court of appropriate jurisdiction and seek a remedy in the court of law
Henrietta Newton Martin
I am a lawyer, Noah. That’s just not a real rationale. Half our political reporting wouldn’t be possible if we refused to talk to sources who were breaching contracts.
Ronan Farrow (Catch and Kill: Lies, Spies, and a Conspiracy to Protect Predators)
Armed with the list and the complaint of late bonus payments, Langel told U.S. Soccer they had breached their contract and the players wanted a new one. The federation disagreed and refused to budge, even as it eventually paid the overdue bonuses.
Caitlin Murray (The National Team: The Inside Story of the Women who Changed Soccer)
Sexual promiscuity also increased the opportunity for one to contract sexually transmitted diseases, including hepatitis B, giardia, gonorrhea, syphilis, and now HIV. Indeed, preexisting sexually transmitted diseases enormously increased the probability of transmitting HIV during sex, because the lesions associated with them breach the body’s outermost defenses and allow HIV entry into the bloodstream of the infected person’s partner.
Frank M. Snowden III (Epidemics and Society: From the Black Death to the Present)
Many of us bought into society’s social contract of success, which states – go to school, get good grades, get a job and live happily ever after. But this doesn’t work anymore. At the most basic level, disrupting yourself will demand that you breach this contract of social conditioning and conformity.
Nicky Verd (Disrupt Yourself Or Be Disrupted)
I, Lisa K Friedman, being of sound mind and broken foot, served him with a mock complaint: breach of the marriage contract. New York Times, Modern Love
Lisa K. Friedman
such as a villain marrying without leave, failure to perform boon-works or bad performance of work, failure to place the tenant's sheep in the lord's fold, cutting of wood or brush, making unlawful paths across the fields, the meadows, or the common, encroachment in ploughing upon other men's land or upon the common, or failure to send grain to the lord's mill for grinding. Sometimes the offence was of a more general nature, such as breach of assize, breach of contract, slander, assault, or injury to property.
Edward Potts Cheyney (An Introduction to the Industrial and Social History of England)
the case of Nelene Fox. Fox was from Temecula, California, and was diagnosed with metastatic breast cancer in 1991, when she was thirty-eight years old. Surgery and conventional chemotherapy failed, and the cancer spread to her bone marrow. The disease was terminal. Doctors at the University of Southern California offered her a radical but seemingly promising new treatment—high-dose chemotherapy with bone marrow transplantation. To Fox, it was her one chance of cure. Her insurer, Health Net, denied her request for coverage of the costs, arguing that it was an experimental treatment whose benefits were unproven and that it was therefore excluded under the terms of her policy. The insurer pressed her to get a second opinion from an Independent medical center. Fox refused—who were they to tell her to get another opinion? Her life was at stake. Raising $212,000 through charitable donations, she paid the costs of therapy herself, but it was delayed. She died eight months after the treatment. Her husband sued Health Net for bad faith, breach of contract, intentional infliction of emotional damage, and punitive damages and won. The jury awarded her estate $89 million. The HMO executives were branded killers. Ten states enacted laws requiring insurers to pay for bone marrow transplantation for breast cancer. Never mind that Health Net was right. Research ultimately showed the treatment to have no benefit for breast cancer patients and to actually worsen their lives. But the jury verdict shook the American insurance industry. Raising questions about doctors’ and patients’ treatment decisions in terminal illness was judged political suicide.
Atul Gawande (Being Mortal: Medicine and What Matters in the End)
houses
Vance Huxley (Breach of Contract (The Shattered Stars #1))
But our answer also depends on the government’s claims of competence over whole domains of activity—whether such claims are sincere and true, wishful thinking but false, or purely fraudulent. Once the public accepts the claims, an expectation will have been formed, and failure to perform will appear like a breach of the social contract.
Martin Gurri (The Revolt of the Public and the Crisis of Authority in the New Millennium)
If I were in this patio shade sail business, a method I would do it is to head out to the setting up resource enterprise and ask some of the guys behind the workplace about personnel who conduct your size job - they sure as heck not necessarily going to recommend technicians who not necessarily paying their bills and that will be a lifesaver there as well. It's impossible those men at the setting up source would become obtaining kickbacks from companies. Some of those men will not recommend contractors, but some will. Get four or five advice. We prepare subcontractor deals for our Standard Builder construction organization and just before preparing the arrangements, often check with the state office that gives away builder contractor licenses to make certain they're listed under the trade they state to get proficient in and find if there are any complaints filed. I also contact the talk about organization commission to see if they're posted now there and how lengthy they've been in business, and then have got their insurance agent to send us a copy of their insurance certificate showing that they have general liability and worker's compensation insurance (and make sure the name of their company on the contract matches the builder's license, the listed corporate entity, and insurance). And, you definitely want to make sure your contract has start and finish dates with liquidated damages for failure to finish on time, that the contractor supplies all materials and labor, that if the contractor breaches the contract that the contractor will be in charge of your legal fees, progress payments with lien waivers, as well as many other clauses AND a very detailed scope of work. It is important to specify the manufacturer and the exact type/quality & color of shingle, the underlayment brand and quality, the valleys' ice and water shield, tear-off or not of the existing shingles, how much will be charged if the sheathing is rotten per sheet for labor and material and type that it is to be replaced with, disposal of all construction debris, protection of your landscaping and personal property below the roof. I also attach a copy of the manufacturer's installation instructions and state that the product will be installed according to them. I prepare our contract and attach the subcontractor's contract to ours as an addendum (and our clauses supersede theirs). You want to get your scope of work ready to give to contractors to bid on so everyone is bidding on the same thing. When I first started, I would get several bids and cobble together a scope of work and then ask people to rework their bids based on it if their bids didn't include my new scope of work. So, this is going to be a large, important expense for you, and you probably want a good attorney, experienced in contracts, to review your contract. It will be worth the couple hundred extra dollars. (Ask how much the charge is up front.)
www.shadepundit.com
a lawyer is required to opine that the execution, delivery and performance by his client of a contract does not violate, conflict with or result in a breach of one or more other contracts (a "no-conflict opinion").
Charles M. Fox (Working with Contracts: What Law School Doesn't Teach You (PLI's Corporate and Securities Law Library))
a party’s agreement not to exercise its remedies does not eliminate the fact that the breach has occurred and is continuing, and the continuing breach may have independent legal consequences.
Charles M. Fox (Working with Contracts: What Law School Doesn't Teach You (PLI's Corporate and Securities Law Library))
A standstill (also called a forbearance) is a waiver of a party’s rights to take remedial action in respect of another party’s breach, instead of a waiver of the breach itself.
Charles M. Fox (Working with Contracts: What Law School Doesn't Teach You (PLI's Corporate and Securities Law Library))
If the amendment extends the date for this performance to June 30, 2001, but the amendment itself is dated January 7, 2001, there would be a question as to whether the breach existed during the period from the date performance was required through the date of the amendment. One way to address this issue is to have the amendment explicitly provide for a waiver of this breach. On the other hand, neither party may want to acknowledge that a breach existed. An alternative approach is to date the amendment "as of December 31, 2000" so that the effect of the extension will be retroactive.
Charles M. Fox (Working with Contracts: What Law School Doesn't Teach You (PLI's Corporate and Securities Law Library))
Procedural Posture Appellant challenged the orders of the Superior Court of San Diego County (California) directing indemnification of respondent for his expenses incurred in defense of a cross-complaint in the underlying litigation between appellant and appellant's franchisee and in his proceedings seeking indemnification for attorneys' fees and costs under Cal. Corp. Code § 317. California Business Lawyer & Corporate Lawyer, Inc. is a Civil Attorney Orange County Overview Appellant's franchisee sued appellant, respondent and others, for, among other things, an antitrust claim on behalf of all of appellant's franchisees. Respondent was later dismissed as appellant's president and chief executive officer and filed a lawsuit for breach of his employment contract. Following a judgment favorable to respondent in his employment contract suit, appellant filed suit seeking a declaratory judgment that it did not have to indemnify respondent in the litigation with its franchisee. The trial court found that respondent acted in good faith and in a manner he reasonably believed to be in the best interests of appellant, and thus he should be indemnified by appellant pursuant to Cal. Corp. Code § 317. The trial court also awarded respondent attorneys' fees and costs incurred as a result of litigation. On appeal, the court affirmed. There was no factual finding in appellant's franchisee's suit that appellant, under respondent, had engaged in illegal practices. Substantial evidence supported the trial court's finding of respondent's good faith. Also, the trial court did not abuse its discretion in its determination and award of attorneys' fees. Outcome The court affirmed the orders of the trial court because substantial evidence supported the trial court's finding that because respondent acted in good faith and in a manner he reasonably believed to be in appellant's best interest, he was entitled to indemnification from appellant. Also, the trial court did not abuse its discretion by awarding respondent attorneys' fees and costs.
SALINDA
Neither politicians nor civil servants at the conference had experience in managing economic affairs beyond their own borders. The pre-war international trade system had been developed by private capitalists. State intervention had been limited to adjusting trade barriers, protesting at breached contracts, giving diplomatic support to concession-hunters. There was no governmental expertise in international interventions when businesses or economies were failing. It is therefore not surprising that the victorious nations thought only in terms of seizing booty or of placating voters.
Richard Davenport-Hines (Universal Man: The Lives of John Maynard Keynes)
The current president of the United States lies just about every day on his Twitter feed. Many Americans have just come to accept this as part of the social contract we enter into with our politicians. Of course, if the politician in question is not one you voted for or currently support, it’s an egregious ethical breach and sin against the American people. But if he or she is on your side, you just consider it the trade-off we make for achieving certain policy goals (or preventing certain policy goals from the other side).
Jared C. Wilson (The Gospel According to Satan: Eight Lies about God that Sound Like the Truth)
most of my first two years in office, Trump was apparently complimentary of my presidency, telling Bloomberg that “overall I believe he’s done a very good job”; but maybe because I didn’t watch much television, I found it hard to take him too seriously. The New York developers and business leaders I knew uniformly described him as all hype, someone who’d left a trail of bankruptcy filings, breached contracts, stiffed employees, and sketchy financing arrangements in his wake, and whose business now in large part consisted of licensing his name to properties he neither owned nor managed. In fact, my closest contact with Trump had come midway through 2010, during the Deepwater Horizon crisis, when he’d called Axe out of the blue to suggest that I put him in charge of plugging the well. When informed that the well was almost sealed, Trump had shifted gears, noting that we’d recently held a state dinner under a tent on the South Lawn and telling Axe that he’d be willing to build “a beautiful ballroom” on White House grounds—an offer that was politely declined.
Barack Obama (A Promised Land)
Nobel Prize-winning economist and social scientist Herbert Simon estimated that "social capital" is responsible for at least 90% of what people earn in wealthy societies. Simon was talking about living in a society with good institutions, such as an efficient banking system, a police force that will protect you from criminals, and courts to which you can turn with reasonable hope of a just decision if someone breaches a contract with you. Infrastructure in the form of roads, communications, and a reliable power supply is also part of our social capital. Without these, you will struggle to escape poverty, no matter how hard you try.
Peter Singer (The Life You Can Save: How to Do Your Part to End World Poverty)
Deceit, countering: "Modern students of international affairs ... tend to identify peace, stability, and the quiescence of conflict with notions like trust, good faith, and mutual respect. To the extent that this point of view actually encourages trust and respect it is good. But where trust and good faith do not exist and cannot be made to by our acting as though they did, we may wish to solicit advice from the underworld, or from ancient despotisms, on how to make agreements work when trust and good faith are lacking and there is no legal recourse for breach of contract. The ancients exchanged hostages, drank wine from the same glass to demonstrate the absence of poison, met in public places to inhibit the massacre of one by the other, and even deliberately exchanged spies to facilitate transmittal of authentic information. It seems likely that a well-developed theory of strategy could throw light on the efficacy of some of these old devices, suggest the circumstances in which they apply, and discover modern equivalents of that, though offensive to our taste, may be desperately needed in the regulation of conflict." — Thomas C. Schelling, 1960 Deception: "Deception is central to most of the techniques of statecraft." — James Eayrs, 1965 Deception, press reporting and: Open and apparently accurate reporting by journalists of preparations for war paradoxically places a premium on deceptive measures by responsible governments. When there is no censorship of the press, deception through diversionary measures is necessary to misdirect the attention of an observant enemy from the truth and to assure that war plans can be executed successfully, with minimal casualties.
Chas W. Freeman Jr. (The Diplomat's Dictionary)
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Usain Bolt