Please refer to the full terms and conditions on our website. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities.
So, if something goes wrong and the licensee wants to sue the licensor for a breach of the agreement, then the total amount the licensee can receive from the licensor is two times the value of what the licensee paid to receive the software. As an aside, generally speaking, indirect damages are those damages that reflect lost opportunity costs rather than actual out-of-pocket costs. There are some situations where the licensee would want the right to recover more than the negotiated caps.
These are the situations like gross negligence or willful misconduct. And they often require review of cases dating back to the s. Franz , F. The foregoing definition shall not be deemed to be inclusive of all the acts or omissions which the Corporation or any Parent or Subsidiary may consider as grounds for the dismissal or discharge of any Optionee, Participant or other person in the Service of the Corporation or any Parent or Subsidiary.
Sexual misconduct means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.
Negligence means the failure to exercise "Reasonable Care". Serious Misconduct means any misconduct identified as a ground for termination in the Motorola Code of Business Conduct, or the human resources policies, or other written policies or procedures.
Research misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion. Gross Misconduct means any act or omission of the Contractor in violation of the most elementary rules of diligence which a conscientious Contractor in the same position and under the same circumstance would have followed.
Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. Relying on it to be seen as a form of normal or general negligence is insufficient. Peter is a litigator with a wide range of experience, practising for over 30 years in Vancouver.
For a number of years he practised criminal law before resuming civil and commercial litigation, including claims involving This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities.
The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers. Legal Disclaimer : The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such.
Please contact our firm if you need legal advice or have questions about the content of this webpage. Commercial Litigation and Dispute Resolution Blog. By Peter J. Roberts, QC on April 8, Posted in Civil Litigation , Commercial Litigation.
The Chief Justice defined those terms by saying: All these phrases, gross negligence, wilful misconduct, wanton misconduct, imply conduct in which, if there is not conscious wrong doing, there is a very marked departure from the standards by which responsible and competent people.
Tags: Gross Negligence , wilful misconduct. Peter J. Roberts, QC. Email Subscribe via Email. Scott R. Jordan Bell. Keith B. Laura L.
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