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 lavrin60

link 24.11.2010 9:46 
Subject: violation of the breach
Коллеги, требуется ваша помощь. Как корректно перевести на русский понятие violation of (the) breach?
нарушение в виде неисполнения/несоблюдения/…? Или это такая фигура речи, как дабл негатив?

(b) Application in the present case
49. The Court has found above that there has been an unjustified interference with the applicant’s possessions due to the disproportionate consequences of the invalidity of the option to renew the lease. Even if the applicant transferred the lease to his company at some point, it was never argued by the Government that he was not a victim of the violation of the breach and the Court is satisfied, inter alia from the way in which the domestic proceedings were conducted, that the applicant can claim to be suffering loss from events.

еще несколько аналогичных примеров:

1. Morrison & Foerster partner Arturo González, who led the trial team on behalf of TIG, said, "We are elated with the jury's verdict. This was an example of corporate misconduct - a violation of the breach of duty of loyalty and fiduciary duty. The verdict awarded today helps to compensate TIG for the damages to its business and reputation and sends a message that this type of conduct will not be permitted."

2. According to Defendants, because the Wells Fargo funds were established more than
six years before the filing of the Complaint, any claim that the plan imprudently invested in
these funds to “seed” the funds arose at the time the funds were established and is therefore
time-barred.
Plaintiffs contend that they allege a continuing violation of the breach of fiduciary
duty, such that “[e]ach time that Defendants failed to act for the benefit of the Plan and
allowed prohibited transactions, they breached their duties anew.” (Pls.’ Opp’n Mem. at 22.)

Спасибо!

 kem-il

link 24.11.2010 9:57 
Я бы перевел как "нарушение в виде неисполнения". Тем более там впереди "victim"

 

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