Contract Formation, Condition Precedent

Is New York or Delaware More Protective of the Freedom to Contract? Two Important New York Decisions on the Accrual of Breaches of...

Lowenstein Sandler LLP on 2/14/2022

New York and Delaware each enjoy an excellent reputation in the business world and typically provide the governing laws and are the jurisdictions of choice in domestic (and many international) commercial contracts. But which...more

Are reservations in Dutch employment contracts a good idea?

Littler on 10/15/2021

Employers in the Netherlands are sometimes keen to include a reservation when they form an employment contract. A reservation can be formulated as a condition precedent or a resolutive condition. Both types of conditions...more

Offer to Acquire Leases Could Not be Conditioned on a JOA

Gray Reed on 5/20/2020

From Great Western. Drilling, Ltd. v. Pathfinder Oil & Gas, Inc. we learn that if you want one agreement to be conditioned on execution of another one, you’d better say so … in writing … in the first one....more

First No Contract by Ambush. Now No Contract by Email, Texas Supreme Court Says.

A&O Shearman on 3/5/2020

On February 28, 2020, the Texas Supreme Court reversed a ruling from the First Court of Appeals in Houston in the case of Chalker Energy Partners III, LLC, et al. v. Le Norman Operating LLC, 547 S.W.3d 27 (Tex. App.—Houston,...more

Alert: "Texas Supreme Court Confirms No Obligation Clauses Can Prevent Contract Formation"

Porter Hedges LLP on 3/4/2020

On the heels of its opinion in Energy Transfer Partners, L.P. v. Enter. Products Partners, L.P., in which the court held that parties can agree to conditions precedent before the partnership formation factors in Tex. Bus....more

Texas Supreme Court: Contracting Parties Can Negate The Formation Of A Partnership Through Contractual Conditions Precedent In...

Orrick, Herrington & Sutcliffe LLP on 2/6/2020

The Texas Supreme Court issued an important ruling on Friday, January 31, 2020, on the formation of partnerships where parties have provided by contract specific conditions that must be satisfied before a partnership will be...more

The Empty Dotted Line — What Does It Mean?

Sands Anderson PC on 6/18/2013

You own a manufacturing business. You spent a good part of last year putting together a private-branding and distributorship agreement with a new customer and a new distributor. Most of it was over email. Now the...more

Contract Formation › Condition Precedent