Quantcast
Home (page 3)

Tag Archives: Breach of Contract

Insurance – Breach of Contract – Standing – Unfair Trade Practices (access required)

Hill v. Canal Insurance Co. The plaintiff, an independent contractor/truck driver, is not a party to the insurance policy between the defendant-trucking company and the defendant-insurer; therefore, she lacks standing to bring a breach of contract claim based on the insurance policy. Defendants’ motions to dismiss are granted.

Read More »

Tort/Negligence – Real Property – Slander of Title – Lis Pendens – Absolute Privilege – Unfair Trade Practices – Breach of Contract – Abuse of Process (access required)

D. R. Horton, Inc. v. Wescott Land Co. Even though the plaintiff-buyer allowed its first lis pendens to expire while the parties continued to negotiate, the buyer filed a second lis pendens on the same property and perfected it by filing this lawsuit involving that property. Therefore, the first lis pendens cannot form the basis of a slander of title claim.

Read More »

Civil Practice – Subject Matter Jurisdiction – Domestic Relations – Breach of Contract (access required)

Hammer v. Hammer Even though, in settling the issues arising from the break-up of their marriage, the parties entered into a contract, that contract was part of their divorce proceeding; in fact, it was merged into a family court order. Therefore, the circuit court lacked subject matter jurisdiction in the plaintiff-husband’s action for a declaratory judgment and other relief in connection with the contract.

Read More »

Real Property – Breach of Contract – Auction Sale – Lien Release – Banks & Banking (access required)

Pulliam v. Clark Plaintiffs allege that the defendant-bank represented that the defendant-auction company had the authority to conduct an absolute auction. This was not a representation about a future occurrence; the bank had already given the auction company such authority. The complaint sufficiently alleges fraud and negligent misrepresentation.

Read More »

Labor & Employment – Tort/Negligence – Fraud – Breach of Contract – Job Interview Representations – Unjustifiable Reliance (access required)

Finney v. Lincare, Inc. Plaintiff has failed to show that false statements were made to her during her job interviews; in any event, since plaintiff was given documents setting out the true terms of her employment contract, her reliance on the interview statements was not justified. The defendant-employer’s motion for summary judgment is granted.

Read More »

Insurance – Long-Term Care – Breach of Contract – Assisted-Living Facility – ‘Substantial Supervision’ – Bad Faith (access required)

Newman v. Bankers Life & Casualty Co. Pursuant to a long-term care policy, the defendant-insurer recognized that its policyholder was suffering from a covered condition and was admitted to a covered assisted-living facility. The insurer breached the policy when it denied coverage because the policyholder did not ultimately receive the intended degree of care.

Read More »

Labor & Employment – Termination — Breach of Contract – Employee Handbook – Disclaimer – Uncapitalized – Fraudulent Act Allegation (access required)

McClurkin v. Champion Laboratories, Inc. Even though the disclaimer in defendant’s employee handbook otherwise meets the requirements of S.C. Code Ann. § 41-1-110, since the disclaimer is not in capital letters, it does not fall within the statute’s protection. Defendant’s motion to dismiss is denied as to plaintiff’s claims of breach of contract and breach of contract accompanied by fraudulent act. Defendant’s motion to dismiss is granted as to plaintiff’s claim of breach of fiduciary duty.

Read More »

Labor & Employment – Romanian Teacher – Breach of Contract – Damages – Duty of Loyalty (access required)

Foreign Academic & Cultural Exchange Services, Inc. v. Tripon Even though federal law prevents the circuit court from issuing an injunction requiring the defendant-teacher to comply with the parties’ contract provision that requires her to return to Romania at the end of her contract term, plaintiff may still be able to prove that the teacher’s failure to return home to Romania was a breach of the parties’ contract. We reverse summary judgment for the teacher.

Read More »

Developer gets $930K verdict in environmental cleanup dispute (access required)

A jury has awarded a real estate development company more than $930,000 plus attorney's fees in a breach-of-contract action centering on an environmental cleanup in Richland County. Plaintiff Ginn-LA University Club Ltd. claimed defendant Amelia Capital III breached a contract for the sale of The University Club Golf Club, a 239-acre real estate development in Blythewood. The plaintiff claimed the contract required Amelia Capital to pay the cost of cleaning up hazardous waste on the property.

Read More »