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Contract Formation

BCLP

Instant Messages, Lasting Commitments: The Perils of Informal Contract Formation in the Digital Age

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In 2025, contract negotiations unfold over oat milk coffees and digital channels where informal conversations often intermingle with serious commercial discussions. ...more

Akerman LLP

What Happens When an Arbitration Agreement is Illegible?

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The California Supreme Court heard arguments earlier this week on whether an arbitration agreement that is illegible is enforceable. The case raises interesting, if esoteric, legal questions about what constitutes the meeting...more

Bradley Arant Boult Cummings LLP

Contract Formation 101: General Contractor Prevails in Dispute with Framing Subcontractor

A contract is an exchange of promises that a court will enforce. In the fast-paced world of construction, disputes often arise over whether the parties actually formed a legally enforceable contract....more

Vinson & Elkins LLP

Texas Business Court Quarterly Update - Q3 2025

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In the third quarter of 2025, the Texas Business Court has continued to release opinions that impact businesses operating in Texas and beyond. Many of the opinions to date have addressed novel jurisdictional issues attendant...more

Farrell Fritz, P.C.

Deal or No Deal, the Moxy Hotel Edition (or, The Joint Venture That Never Was)

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You can’t have a business divorce without first having a business marriage. Simple enough, right? But, a number of cases we’ve featured on this blog involve the central question of whether the parties, in fact, formed a...more

Haynes Boone

Text Like the World is Watching: Creating a Binding Contract

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In DAZN Limited v Coupang Corp the Court of Appeal upheld the High Court’s expedited judgment that a binding contract was reached in relation to broadcasting rights in South Korea for the 2025 FIFA Club World Cup (CWC), an...more

A&O Shearman

No Replay: Contract Scored in the Group Chat

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The English Court of Appeal has delivered a useful reminder of the limited formalities required to create a binding contract under English law....more

Kerr Russell

We Forgot to Renew Our Employment Agreement —Now What?

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Question: My employment agreement terminated because neither I nor my employer remembered to renew the term after a year as the agreement required. Is that employment agreement still in force? If not, what happens now? Do I...more

Hughes Hubbard & Reed LLP

When is a Party Required to Arbitrate?

Over the past few decades, arbitration agreements have become increasingly common in contracts between corporations, workers and customers. In fact, you’ve likely agreed to one in signing a generic consumer agreement or by...more

Weber Gallagher Simpson Stapleton Fires &...

Look What You Made Me Sign: The Swift-Kelce Prenup Question

The Life of a Showgirl has reached New Heights as the Fearless super couple Taylor Swift and Travis Kelce have announced their engagement. Although there is much speculation of the wedding date and where it will take place,...more

Troutman Pepper Locke

Ninth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

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In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more

Mayer Brown

DAZN v Coupang: English Court of Appeal Blows the Final Whistle on FIFA Club World Cup Broadcasting Rights Dispute

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In DAZN Limited v Coupang Corp the English Court of Appeal has held that informal messages exchanged via WhatsApp and email were sufficient to form a binding contract to sublicence the broadcast rights to the 2025 FIFA Club...more

Adams & Reese

Louisiana Court Invalidates Arbitration & Delegation Clauses in Residential Sale Contract

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Arbitration clauses that reference the “AAA Construction Industry Arbitration Rules” are unenforceable if the contract does not define “AAA” or if the Construction Industry Arbitration Rules are not provided to lay...more

Troutman Amin LLP

SIGNED BY SILENCE?: Court Finds Consumer Agreed to Arbitration By Failing To Respond to A Text Message– And Its A Little Odd

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Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can...more

Cooley LLP

How to Win a ‘Battle of Forms’? Avoid Them!

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The recent High Court decision in Volac International Limited v. IEP Technologies Limited[1] should serve as a reminder to contracting parties to ensure they have effective procedures in place to avoid a ‘battle of forms’ as...more

Genova Burns LLC

NJ Supreme Court Tightens Proof Requirements of Arbitration Agreement

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In its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the...more

Bradley Arant Boult Cummings LLP

The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services

Construction law in the United States consists of two main bodies of legal rules. The first, federal law, applies to contracts involving the U.S. government and its agencies. The second, state law, applies to pretty much...more

BCLP

Jaevee Homes v Fincham: WhatsApp Users Take Note!

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In this Insight, first published in PLC, Anna Blest and Katharine Tulloch consider the decision in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC), in which the court concluded, among other things,...more

BCLP

"Battle of the Forms” in the Hong Kong Construction Industry

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What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more

Tucker Arensberg, P.C.

Warning to Small Business Owners: Don’t Contract Your Way Out of a Local Venue!

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Small business owners often wait for things to go wrong before consulting with attorneys. This is understandable. Consulting a lawyer can delay a transaction and nobody likes the added expense....more

Kilpatrick

Northern Exposure – Lessons From Our Neighbors To the North About Emojis

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Can a thumbs up emoji mean acceptance of contract? A Canadian appellate court thinks so. A Canadian appellate court thinks so. The appeal involves a dispute between Achter Land & Cattle Ltd. (“ALC”) and South West Terminal...more

Law School Toolbox

Law School Toolbox Podcast Episode 487: Listen and Learn -- Consideration (Contract Law)

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Welcome back to the Law School 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

Fox Rothschild LLP

DEAL OR NO DEAL

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Not just the name of the television show on NBC, Deal or No Deal is the question many attorneys are asking, as well as being asked by their clients, regarding transactions that are being made with companies and other...more

Falcon Rappaport & Berkman LLP

Five Critical Mistakes to Avoid in Purpose-Driven Businesses

So, you’re very excited. You’re about to launch a new purpose-driven company. Or maybe you have one, but something just doesn’t seem to be working the way you’d like. Here are five critical mistakes to avoid with your new or...more

Mayer Brown

A Delaware Law Alert: M&A Disputes

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Two recent Delaware Superior Court opinions are essential reading for M&A practitioners drafting language with respect to how disputes related to purchase price adjustments, earnouts, and other accounting-related...more

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