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Contract Disputes Contract Formation

Allen Matkins

If A Contract Creates No Legally Enforceable Rights, Is It A Contract?

Allen Matkins on

The word "contract" is derived from the Latin word contrahere which means to draw (or drag) together.   The California Civil Code defines a "contract" as "an agreement to do or not to do a certain thing".  Cal. Civ. Code §...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 257: Listen and Learn -- Consideration (Contract Law)

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today, in an episode from our "Listen and Learn" series, we're discussing an important concept from Contract Law - consideration - which is one of the three requirements of...more

Whitman Legal Solutions, LLC

Why People “May” Incorrectly Use “Shall,” “Must,” and “Will” Even Though They “Should” Know Better

Contracts, real estate leases, and other legal documents also often include provisions that are mandatory (like obligatos) and/or are optional (like ossias). Terms such as "shall," "must," "will," "may," and "should” each...more

A&O Shearman

Sign your engagement letter. It’s not up for negotiation

A&O Shearman on

The High Court has provided a stark reminder of the risks that arise if parties, despite extensive negotiations, fail to sign their agreements, in this case an engagement letter....more

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

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The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Mayer Brown

Governing Service Provider Relationships: Seven Legal Tips for Strengthening and Leveraging Contract Rights

Mayer Brown on

Too often, contract rights bargained and paid for in negotiations are eroded during governance. This podcast describes seven tips for governing service provider relationships in ways that leverage or strengthen contract...more

Law School Toolbox

Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses

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Welcome back to the Law School Toolbox podcast! In today's episode, we're talking about contract defenses, including mistake, fraudulent misrepresentation, and non-disclosure. For a refresher on the concepts involved in...more

Ward and Smith, P.A.

When Is a Deal a Deal?

Ward and Smith, P.A. on

Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain pitfalls. At worst, this can lead to the complete invalidity of the...more

Jones & Keller, P.C.

The Importance of Contract Language

Jones & Keller, P.C. on

Several years ago, unclear, ambiguous, and inconsistent contract language (not to mention some bizarre lawyer shenanigans) cost the owner of the Los Angeles Dodgers one-half of the team in divorce proceedings...more

Freeman Law

Types of Contracts in Texas

Freeman Law on

Texas Contracts - Texas law recognizes written contracts and oral contracts. However, there are other categories of contracts that may have implications under the law. Texas law recognizes the following four types of...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 164: Listen and Learn -- Contract Defenses

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we're talking about contract defenses, including mistake, fraudulent misrepresentation, and non-disclosure. For a refresher on the concepts involved in...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

Latham & Watkins LLP on

Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more

Freeman Law

Breach of Contract in Texas

Freeman Law on

Contracts play an important role in day-to-day business operations and drive economic activity across the globe. And when one party to a contract fails to live up to its obligations, the other party or parties may be...more

A&O Shearman

No U-turn as Court refuses to reverse a principle on principals, agents and a signature (car)

A&O Shearman on

A party who signed without indicating in the signature block that they were an agent was judged to be a principal to the contract....more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 102: Listen and Learn -- The Statute of Frauds

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Welcome back to the Bar Exam Toolbox podcast! Today's episode is part of our "Listen and Learn" series, where we review a substantive area of the law and apply it to fact patterns. This time, we're focusing on the Statute of...more

Hogan Lovells

No oral modification clauses under English law

Hogan Lovells on

We commented on whether it is possible to verbally amend a "no oral modification" (NOM) clause in September 2016 (Non-variable variation - never say never), contrasting the position under English and South African law. ...more

Burns & Levinson LLP

Are You Accepting an Offer or Not?

Burns & Levinson LLP on

We all learned pretty early on in law school that for a contract to be formed, there has to be an offer and acceptance. We also were taught that if, in responding to an offer, a party accepted some terms and proposed...more

Farrell Fritz, P.C.

Bill “Doe” (friend/refused last name), Possible Squatter, Accepts Substitute Service

Farrell Fritz, P.C. on

In the opening scene of the 2008 “stoner action comedy” Pineapple Express, as Eddy Grant’s “Electric Avenue” pumps out of the car’s stereo speakers, the film’s protagonist, Dale Denton (Seth Rogen), in various disguises...more

Allen Matkins

California Lawsuit Against President Trump Raises Issue Of Consent

Allen Matkins on

Earlier this week, Stepanie Clifford, aka Stormy Daniels, filed a lawsuit against President Donald Trump in the Superior Court for the County of Los Angeles. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar....more

A&O Shearman

Establishing a contract: subsequent negotiations and inconsistent intentions

A&O Shearman on

When determining whether parties had validly entered into a contract, the Court of Appeal held that it was wrong to disregard subsequent communications which were inconsistent with the existence of a contract: (1) Global...more

Foley & Lardner LLP

Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

Foley & Lardner LLP on

Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods. In addition to any express warranties made by the seller, the law implies certain warranties in some...more

BCLP

Always Sign on the Dotted Line…Or Act Like You Did

BCLP on

Bryan Cave recently represented the successful claimant in a case which highlights to parties that, even where they have set out formal requirements for signature before becoming bound by a contract, the way they act can be...more

Burns & Levinson LLP

Don’t Take Needless Chances When it Comes to Personal Jurisdiction, Forum Selection and Choice of Law

Burns & Levinson LLP on

Not spelling out in your agreements, even in informal agreements, where disputes can be resolved and what law will govern them can lead to some unhappy results. That is exactly the position that United Excel Corporation and...more

Allen Matkins

There Two Ways To Create An Obligation And Six Ways To Extinguish It

Allen Matkins on

The California defines an “obligation” as “a legal duty, by which a person is bound to do or not to do a certain thing.” Cal. Civ. Code § 1427. An obligation is created in one of two ways: by contract or by operation of...more

Dorsey & Whitney LLP

Utah Supreme Court Confirms Employee Handbook Disclaimer Can Protect Utah Companies from Implied Contractual Claims

Dorsey & Whitney LLP on

A recent Utah Supreme Court decision drives home to companies with employees in Utah that a clear and conspicuous disclaimer in a prominent point of an employee handbook goes a long way to protecting the company from any...more

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