News & Analysis as of

Fraud Exception

Standby letters of credit, complying demands and the fraud exception – Court of Appeal restores certainty and commercial common...

by Dentons on

In two appeals on the validity of demands under standby letters of credit (SBLCs) and the application of the fraud exception, the Court of Appeal has ruled in each case that...more

Letters of Credit: Autonomy Principle is Re-confirmed

by White & Case LLP on

The Court of Appeal has confirmed the "autonomy principle" of letters of credit under English law, holding that PetroSaudi Oil Services (Venezuela) Ltd ("PetroSaudi") and its director and General Counsel, Mr Buckland, had...more

Construction Group News: What Happens in Mediation Stays in Mediation

by Murtha Cullina on

The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims. ZVI Construction Co. v. Levy, et al., 90 Mass....more

Exceptions to the temporary finality of interim payment certificates and the architect’s role in enforcement proceedings - A case...

by Dentons on

The issue before the Court of Appeal was whether an employer could establish any exceptions in clause 31(13) of the Singapore Institute of Architects Articles and Conditions of Building Contract (“SIA Conditions”) to...more

Not Worth The Paper It's Printed On? Strategies For Dealing With The Fraud Exception To The Parol Evidence Rule

by Miller Starr Regalia on

This article explores possible measures that parties to commercial transactions and their attorneys can take to help ensure greater contract certainty when fraud claims of one type or another are not barred by the parol...more

Letters of credit, on-demand bonds, and the "fraud exception"

by King & Spalding on

On the 9th of September 2014, the Privy Council in the United Kingdom delivered a judgment in Alternative Power Solution Ltd. v. Central Electricity Board reaffirming the established principle that, other than in cases of...more

Another Exception to Fraud and Contract Don't Mix

by Christopher G. Hill on

Christopher Hill, LEED AP and Virginia construction lawyer discusses a recent case concerning construction and an exception to the Virginia economic loss rule, namely fraud in the inducement....more

California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes

California, like most jurisdictions, prohibits parties to integrated contracts from introducing “parol evidence” — this is, evidence of prior written or verbal agreements made by a party to a contract — if those alleged...more

Fenwick Employment Brief - February 2013

by Fenwick & West LLP on

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Promises to Keep—Lender Beware: California Supreme Court Expands Parol Evidence Fraud Exception

In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass’n v. Pendergrass prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement...more

Litigation Alert: California Supreme Court Announces Sea-Change in Rules Governing Use of Parol Evidence to Show Fraud in Contract...

by Fenwick & West LLP on

Background - On January 14, 2013, the California Supreme Court issued a unanimous decision clarifying – and ultimately rewriting – the applicable legal standard for introduction of parol evidence to show that a contract...more

Reconsidering the Fraud Exception to the Parol Evidence Rule

by Hinshaw & Culbertson LLP on

The California Supreme Court has removed a legal barrier for litigants seeking to invalidate contracts on the basis of fraud. Overruling a 75-year old decision, the Supreme Court ruled that the parol evidence rule does...more

California Supreme Court Broadens Borrower Fraud Defense to Written Loan Agreements

by Davis Wright Tremaine LLP on

The California Supreme Court handed down a unanimous decision earlier this week, broadening the scope of the “fraud exception” to the parol evidence rule, to allow a plaintiff challenging the terms of a written agreement to...more

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