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Contract Terms › Breach of Contract › Restitution

A&O Shearman

Fool's gold: when you have to pay for pre-contractual services

A&O Shearman on

H&P, an investment bank, provided services allegedly worth USD 18 million to Randgold, who H&P had assumed was a client. However, terms of their engagement were never formalised or even written down. After the transaction,...more

Snell & Wilmer

Service Contracts Are Not Express Warranties Under the Song-Beverly Consumer Warranty Act

Snell & Wilmer on

In Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal. 4th 1246, the California Supreme Court found that service contracts are not express warranties under the Song-Beverly Consumer Warranty Act and the Act did not otherwise...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

White & Case LLP on

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Robins Kaplan LLP

Kanye West and EMI Agree in Principle to Settle Legal Quarrel

Robins Kaplan LLP on

Kanye West and music publisher EMI have agreed on something (at least in theory) – to settle their legal battle. According to a court document filed on September 23, the parties reached an “agreement in principle” to settle...more

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