Reliance Damages definition

Reliance Damages pursuant to which the Bank presented evidence of damages in the amount of approximately $900 million; (2) "Expectation Damages", pursuant to which the Bank presented evidence of damages in the amount of approximately $1.5 billion; and (3) "Restitution", pursuant to which the Bank presented evidence of damages in excess of approximately $1.9
Sample 1

Examples of Reliance Damages in a sentence

  • Courseware Reading: Chapter 5: Remedies - Reliance Damages and Restitution - Specific Performance - Other Forms of Damages Assignment 5 can be completed at this point.

  • Your disability is not the result of your criminal conduct committed after April 21, 1997.

  • Reliance Damages cover the loss that the non- breaching party incurred in reliance on performance of the contract and are designed to put the injured party back where they were before they entered into the contract.

  • Thus, the real question is whether Ms. Benson and/or Ms. Johnson should have known that their care, or lack thereof, posed a serious risk to Mr. Wright.There is a significant fact question whether Ms. Johnson should have known that the urinary issues Mr. Wright complained of, including not being able to make it through the night without urinating, were precursors to prostate cancer.

  • However,diminution of value will be awarded where the cost of completion is clearly disproportionate to the value of the performance to avoid economic waste.11.9.1.2.2 Reliance Damages.

  • Reliance Damages Now we consider the second meaning of “injury” in a contract setting.

  • Professor Dale Hutchison, Professor of Private Law, University of Cape Town, in an unpublished paper entitled ‘ Back to Basics: Reliance Damages for Breach of Contract Revisited’ (delivered in October 2001) 4.

  • Reliance Damages: Courts have in limited circumstances awarded damages to a party for out-of-pocket expenses stemming from their reliance on the contract.

  • The Fraud Claim and Reliance Damages The district court dismissed GWTP’s fraud claim finding that it was just a repackaging of its contract claim and barred by the Statute of Frauds.

  • Based on the Measurement Task10, Figure 1-2 shows that various locations throughout California have daily solar variability that can span the range from low to high variability.

Related to Reliance Damages

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 5.1 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Direct Damage has the meaning given to it in clause 26.2;

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Environmental Damages means all claims, demands, liabilities (including strict liability), losses, damages (including consequential damages), causes of action, judgments, penalties, fines, costs and expenses (including reasonable fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, contingent or otherwise, matured or unmatured, known or unknown, direct or indirect, foreseeable or unforeseeable, made, incurred, suffered or brought at any time and from time to time and arising in whole or in part from:

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Natural Resource Damages or “NRD” means any damages recoverable by the United States or the State on behalf of the public for injury to, destruction of, or loss or impairment of Natural Resources at the Site as a result of a release of hazardous substances, including but not limited to: (i) the costs of assessing such injury, destruction, or loss or impairment arising from or relating to such a release; (ii) the costs of restoration, rehabilitation, or replacement of injured or lost natural resources or of acquisition of equivalent resources; (iii) the costs of planning such restoration activities; (iv) compensation for injury, destruction, loss, impairment, diminution in value, or loss of use of natural resources; and (v) each of the categories of recoverable damages described in 43 C.F.R. § 11.15 and applicable state law.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Attorneys’ Fees means the full and actual cost of any legal services actually performed in connection with the matter involved calculated on the basis of the usual fee charged by the attorney performing such services and shall not be limited to "reasonable attorneys' fees" as defined in any statute or rule of court.

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.