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Contract Drafting Appeals Contract Disputes

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

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

Vedder Price

Global Transportation Finance Newsletter: April 2024

Vedder Price on

Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of...more

A&O Shearman

The force of “subject to contract”

A&O Shearman on

The Court of Appeal has held that a judge had “seriously undervalued” the force of using “subject to contract” wording in written correspondence between solicitors. Joanne Properties v Moneything Capital echoes what the...more

Rosenberg Martin Greenberg LLP

My Deal Was Approved By High-Ranking Government Officials; How Can I Not Have a Binding Contract?

Parties entering into contracts with corporations, limited liability companies, and other legal entities often require proof, in the form of resolutions by the board of directors or members authorizing an identified officer...more

King & Spalding

Fifth Circuit Extends Doiron Test For Assigning Maritime-Contract Status To Contracts That Are Not Oilfield Services Contracts

King & Spalding on

The U.S. Court of Appeals for the Fifth Circuit recently held that its two-question Doiron test for determining whether oilfield services contracts are maritime contracts also applies when evaluating the maritime-contract...more

Buchalter

Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause

Buchalter on

A court recently held that the type of contract delivery method did not change the applicability of the differing site conditions clause. Appeal of John C. Grimberg Co., Inc., ASBCA No. 58791 (Oct. 25, 2018) involved the...more

Latham & Watkins LLP

English Court of Appeal Confirms Proper Test for Common Mistake Rectification

Latham & Watkins LLP on

Objective test applies if a prior concluded contract exists, but subjective test applies if there is a continuing common intention. In the recent case of FSHC Group Holdings Limited v. GLAS Trust Corporation Ltd [2019]...more

A&O Shearman

Practical completion: Court of Appeal provides general guidance

A&O Shearman on

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

Gray Reed

Lessor, Should You Cash That Royalty Check?

Gray Reed on

Did the lessor’s deposit of royalty checks for production from a pooled unit that she contends was improper ratify the improper pooling? In Strickhausen v. Petrohawk et al, a jury will have to sort out the answer....more

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