Contract Drafting, Appeals, Breach of Contract

Court’s Decision in High Stakes Case Cuts Through the “Fog of Dueling ‘Notwithstanding’ Clauses”

Farrell Fritz, P.C. on 4/14/2025

In a post I wrote about a dozen years ago, I quoted Ken Adams, blogger and author of A Manual of Style for Contract Drafting, who, commenting on the oft-used contract clause, “Notwithstanding anything to the contrary in this...more

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

Mayer Brown on 3/13/2025

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

Ahead of the pack: US M&A 2019: Key dealmaking decisions from Delaware and New York

White & Case LLP on 2/19/2020

We focus on two H2 2019 rulings that could affect M&A transactions in the future. Genuine Parts: Acceptance of termination fee does not prevent further remedies - In September 2019, the Delaware Chancery Court refused to...more

Practical completion: Court of Appeal provides general guidance

A&O Shearman on 6/27/2019

A clause stating that a reduction in room size by more than 3% would be “deemed material” related only to the materiality of the variation from the contract drawings, rather than the materiality of the resulting breach of...more

Contracts May “Legally” Obligate a Party to Pay, Even Without a Court Judgment

Butler Snow LLP on 10/9/2018

Time and again, courts have been tasked with construing ambiguous and inconsistent terms in contracts. Recently, the Sixth Circuit revisited the issue of interpreting contractual language in Dark Horse Express, LLC v. Lancer...more

Dealing on Written Standard Terms of Business—Guidance from the English Court of Appeal

Pillsbury Winthrop Shaw Pittman LLP on 10/27/2017

The English Court of Appeal considers whether the use of model form agreements could constitute dealing “on written standard terms of business” The decision will give comfort to lenders who use precedents or model form...more