between payment of a sum in the event of non-performance of a contractual obligation and payment of a sum on the happening of an event. In the latter ...

to the primary Investment and Fee Agreements and do not alter the contractual provisions in those Agreements. The pension trusts are not liable to pay ...

resulted in the loss of the employment. It was not a case of contractual damages but of essentially criminal damages. Based on the facts set out in ...

or not AES intended to construct a prototype in order to meet its contractual obligations was a matter for it. 27 The next allegation was that of a ...

reluctance McLachlin J.A. expressed in Burgess “to alter or 'read down'” contractual provisions must now be read in light of recent decisions on the ...

, in both letters in which it appears, in a clause that sets out contractual language clearly intended to be used “in a written agreement between the ...

42. This submission is on the basis that the judge had awarded interest on a contractual basis. However, apart from the adoption of the rate of 7% p.a ...

they could not argue that they were in a position to comply with the contractual term, i.e., that the Purchaser “may” be able to obtain a Certificate ...

owed to them and that Hydro breached a fiduciary duty to exercise contractual powers against them in good faith. Further, they claimed damages against ...

: The word "agent" in addition to meaning a person employed to create contractual relations between two parties is used in at least two other senses. ...