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...repaired. It is therefore artificial to award IX compensation for repairs which will never be done. 10. For these reasons the claim is dismissed. Referee: LK Whineray Date: 23 November 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...
...mentions the quite severe pain 5 years ago when he was a courier driver and lifted an heavy box. NB says the surgeon’s comments was taken out of context and exaggerated. IFSO refers to the application and the requirement for disclosure. IFSO said the information was material taking into account the musculoskeletal questionnaire and the spine surgeons April 2023 letter. I note his later consultation with his spine surgeon was after he was having problems with B Ltd in relation to his insu...
...that VB Inc breached a term of the contract, she is not entitled to the compensation she claimed, and her claim is dismissed. Referee: Ms Cowie DTR Date: 15 February 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...
...paid refunded by SQ? d) Is QS entitled to be paid $150.00 for shoes and food left behind? CI0301_CIV_DCDT_Order Page 2 of 4 What was QS’s and SQ’s agreement when QS moved into the property? 5. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. A verbal agreement can be a legally enforceable contract. Sometimes terms will be implied in a...
...was done. ML says that given the quote required a 50% deposit that was never paid, no contract was entered into. 15. C Ltd seeks payment of $7199.00 which includes the original $6965.00 quoted works, with the balance reflecting the filing fee as claimed by the Applicant. ISSUES 16. The issues I need to determine are: a) Was there a contract formed between the parties? b) Whether costs can be claimed by the applicant? Was there a contract formed between the parties?...
...profitable period and it was company policy not to allow leave to be taken at that time. His letter concluded: “However if those dates do arrive and the salon is able to function at an expectable level we will be able to grant those days as requested.” On 26 November 2008, Emma again wrote repeating her request for leave on the three dates in December. Mrs Anna Harris responded on that occasion enclosing a copy of Mr Harris‟ earlier response. She went on to confirm the c...
...like” in responding to Mr N’s original insurance claim. What sum, if any, must BN pay to Mr N? 11. At common law, the purpose of damages for breach of contract is to put the innocent party in the same position as if the contract had been performed. However, the innocent party cannot recover loss that could have been avoided by taking reasonable steps to mitigate the loss, such as accepting a lower comparable quotation. 12. Mr N is entitled to a vanity of comparable quality and fi...
...Ltd, DD’s travel agent. Due to Covid the conference and flights were cancelled. HF asked IU Ltd to hold his airfares as a credit. However, [Airline] then issued refunds for the airfares, which IU Ltd credited back to DD’s travelcard. HF was not informed of this, and discovered the refund significantly later, when he was no longer able to use the money for his [continuing education]. 2. HF claims the sum of $6,425.00 for the cost of the tickets. 3. The issues to be determined are...
...water should enter the air filter at all and that the air filter should be regularly checked but at most no later than every 12,000km. Mr Q found that the flange was loose and that there were corrosive holes around the flange. He found there to be deformation to the air filter element to approximately 40-50%. He advised that in his opinion this deformation occurred over time and was not the result of one event. 8. I agree and accept Mr Q’s evidence that this was gradual deformation...
...advertisement that the car was “in reasonable condition”, and that this was a “genuine sale”. I do not however accept that either of those statements are misrepresentations on these facts. I say that because neither is of a kind that provides information about the mechanical integrity of the vehicle. This is the basis on which BW says the car has been misrepresented to her, so the Tribunal would need to be satisfied a false statement was made specifically about mechanical integrity...