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Contract Formation Contract Negotiations Contract Terms

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!

Tucker Arensberg, P.C. on

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

Allen Matkins

If A Contract Creates No Legally Enforceable Rights, Is It A Contract?

Allen Matkins on

The word "contract" is derived from the Latin word contrahere which means to draw (or drag) together.   The California Civil Code defines a "contract" as "an agreement to do or not to do a certain thing".  Cal. Civ. Code §...more

A&O Shearman

Sign your engagement letter. It’s not up for negotiation

A&O Shearman on

The High Court has provided a stark reminder of the risks that arise if parties, despite extensive negotiations, fail to sign their agreements, in this case an engagement letter....more

Ward and Smith, P.A.

"But We Were Just Negotiating:" Understanding When A String Of Communications (Even Emails) May Establish a Binding Contract

Ward and Smith, P.A. on

Techlaw: Parties negotiating the terms of a deal must understand when the negotiating stops and a binding contract has been created, even if there is only a string of emails....more

Mayer Brown

Governing Service Provider Relationships: Seven Legal Tips for Strengthening and Leveraging Contract Rights

Mayer Brown on

Too often, contract rights bargained and paid for in negotiations are eroded during governance. This podcast describes seven tips for governing service provider relationships in ways that leverage or strengthen contract...more

Ward and Smith, P.A.

When Is a Deal a Deal?

Ward and Smith, P.A. on

Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain pitfalls. At worst, this can lead to the complete invalidity of the...more

Freeman Law

Types of Contracts in Texas

Freeman Law on

Texas Contracts - Texas law recognizes written contracts and oral contracts. However, there are other categories of contracts that may have implications under the law. Texas law recognizes the following four types of...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

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Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more

Freeman Law

Breach of Contract in Texas

Freeman Law on

Contracts play an important role in day-to-day business operations and drive economic activity across the globe. And when one party to a contract fails to live up to its obligations, the other party or parties may be...more

Barnea Jaffa Lande & Co.

Contracts in Israel: Doing Business in Israel

Barnea Jaffa Lande & Co. on

Law has a major role in Israeli business. Israelis feel their freedom to act is determined by what is allowed under law, and this includes what has been agreed to in a binding agreement. Therefore, legal contracts form the...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Streamlining Your Commercial Contract Negotiations

Williams Mullen on

Corporate attorney Carrie Stanton provides several suggestions on what companies can do to make contract negotiations more efficient while also addressing priorities and concerns. Topics include: • Contract templates •...more

A&O Shearman

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

A&O Shearman on

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

Porter Hedges LLP

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

Porter Hedges LLP on

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

Orrick, Herrington & Sutcliffe LLP

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

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

Hogan Lovells

Electronic signatures: a warning sign

Hogan Lovells on

How do you sign your emails? If your name and contact details are automatically generated at the bottom of an e-mail, do you consider you have signed the e-mail and should be contractually bound by the contents? This was the...more

White & Case LLP

Sanctioned default? The English High Court considers the effect of foreign illegality on English obligations

White & Case LLP on

As sanctions ramp up globally, it is increasingly important for commercial parties engaged in cross border transactions to have certainty (i) as promisees (e.g. lenders) as to when their counterparties may legitimately avoid...more

Ruder Ware

Review Business Contract Carefully

Ruder Ware on

Agricultural producers are often asked to enter into written contracts. Those contracts can cover a wide range of issues including buying equipment, leasing property and selling products. Although the subject matter varies...more

Dechert LLP

Global Private Equity Newsletter - Winter/Spring 2018 Edition: Recent Developments in Acquisition Finance - Did you just commit to...

Dechert LLP on

The question of when parties to a potential transaction actually become bound to each other is obviously an important one, and sometimes the answer can be surprising, or less than entirely clear. A recent Texas Court of...more

Morgan Lewis

Contract Corner: Term (Part 1)

Morgan Lewis on

What is the term of your contract? It is one of the most basic questions with regard to any agreement, but drafting provisions regarding the “Term” raises multiple issues, both legal and practical....more

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