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Breach of Contract › Contract Drafting › Damages

Morgan Lewis - Tech & Sourcing

Radius Clauses in Music Performance Contracts

Morgan Lewis - Tech & Sourcing on

As the summer 2025 concert season continues to ramp up, we want to take the opportunity to explain why your favorite band or artist might only be performing once in your region this summer: a radius clause....more

Mayer Brown

English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

Mayer Brown on

The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more

A&O Shearman

Disputes 101 – How to get out of a contract or obligation

A&O Shearman on

Back to basics – Do you even have a contract? Generally, a contract will be formed when parties come to an agreement through offer/acceptance. This doesn’t typically create problems where there is a written agreement between...more

BCLP

Global Water Associates: applying Hadley v Baxendale

BCLP on

From time to time, those seminal cases we all studied during the early parts of our career pop up in practice. We’re all familiar with them: the snail in the bottle in Donoghue v Stevenson; the spurious sounding flu remedy in...more

Akin Gump Strauss Hauer & Feld LLP

Take or Pay: Does the Law of Penalties Apply?

Akin Gump Strauss Hauer & Feld LLP on

Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more

McAfee & Taft

Ruling offers guidance for companies seeking injunctions to protect trade secrets

McAfee & Taft on

Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more

Bradley Arant Boult Cummings LLP

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Bradley Arant Boult Cummings LLP on

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more

King & Spalding

A Cautionary Tale: English Courts Further Depart from a Traditional Approach to Liquidated Damages in Unaoil v Leighton

King & Spalding on

In September 2014, the Commercial Court handed down an unprecedented decision, finding that a liquidated damages ("LD") clause in a contract was a "genuine pre-estimate of loss" at the time the parties entered into the...more

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