News & Analysis as of

Contract Formation Contract Interpretation

Ledcor: Taming Sattva’s Wild Horse of Contractual Interpretation for Standard Form Contracts

by Field Law on

The Supreme Court of Canada’s unanimous decision of Sattva v. Capital Corp. v. Creston Moly Corp., 2014 SCC 53 opened the barn door and let loose a wild horse in terms of the scope and the availability of the use of the...more

LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

by Burr & Forman on

In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text...more

Bankruptcy Courts Fail to Enlighten on Electricity as Goods or Services

by McDermott Will & Emery on

Is electricity goods or services? That seemingly simple yet confounding question is illustrated by three recent bankruptcy cases (all of which consider whether an electricity provider is entitled to an administrative expense...more

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more

Shipping 2014: United States

by K&L Gates LLP on

When does title in the ship pass from the shipbuilder to the shipowner? Can the parties agree to change when title will pass? Unless otherwise agreed by the parties, title to the vessel passes when the shipbuilder...more

Miscellaneous Contract Provisions: The Part You’re Not Reading

sheer volume of contracts individuals and businesses see regularly, oftentimes makes it difficult to read and understand each and every provision of every contract. The “miscellaneous provisions,” typically found at the very...more

Legislature Enacts “5 Second Rule” For Electronic Contracts To Sell Real Property

by Allen Matkins on

The Statute of Frauds has been a part of Anglo-American jurisprudence for centuries. It made its first appearance in the wake of the English Civil War (yes, they had one too but for very different reasons) when King Charles...more

If It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable

A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure. In Rossberg v. Bank of America, N.A., 219 Cal.App.4th 1481 (4th Dist. 2013), the California...more

“The Masters of their Contractual Fate” – how not to get trapped into a contract before you are ready to commit

by Reed Smith on

A recent High Court decision, Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872, serves as a timely reminder of the care parties must take when negotiating new deals so as not to become bound when they do not yet wish...more

The Empty Dotted Line — What Does It Mean?

by Sands Anderson PC on

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

Florida Supreme Court Approves Standard Jury Instructions For Use In Contract And Business Litigation

by Carlton Fields on

On June 6, for the first time, the Florida Supreme Court approved standard jury instructions for use in contract and business litigation. ...more

Uncertainty In Dispute Resolution Clauses - (Australia)

by DLA Piper on

INTRODUCTION - Where a dispute arises under a contract, the parties must attempt to settle that dispute through the procedure set out in the dispute resolution clause (DRC). Sometimes, one party considers that this...more

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