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The practice of health insurance rescission was partially limited starting September 23, 2010, [15] following the adoption of the Patient Protection and Affordable Care Act in 2010. A House committee report [ 16 ] found that WellPoint (now Anthem ), UnitedHealth Group and Assurant rescinded policies for more than 20,000 people over a five-year ...
The exceptions are (out of order): objection by the original offeror in advance; objection by the original offeror within a reasonable time after notice; and material alteration of the contract. The third exception, whether the additional terms materially alter the contract, is the most difficult to apply.
Although a suit for breach of contract is relatively straightforward, there are advantages in bringing a parallel suit in misrepresentation, because whereas repudiation is available only for breach of condition, [17] rescission is prima facie available for all misrepresentations, subject to the provisions of s.2 of the Misrepresentation Act ...
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Other UK cases which relate to the concept of a material breach include: National Power plc v United Gas Company Ltd. (1998), [18] where Colman J considered wording relating to "a material breach of any of [the guilty party's] obligations", allowing termination of the contract if remedy of such breach had not been commenced within seven days ...
For lease contracts, without the inclusion of an acceleration clause in a lease, a landlord's right to sue for damages for breach of a lease may accrue on the date the termination date of the lease. With an acceleration clause a landlord may be able to sue for damages when a breach of the lease agreement occurs. [5]
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
Expectation damages are damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured party's interest in realising the value of the expectancy that was created by the promise of the other party.