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Purchasers Breach of Contract

Dickinson Wright

When Development Deals Go Wrong, Damages Come in the Form of Land Value, Not Lost Profits

Dickinson Wright on

This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered....more

Stikeman Elliott LLP

Limitations on Good Faith Damages: No Presumption of Loss for Breach of Honest Performance

Stikeman Elliott LLP on

In Bhatnagar v. Cresco Labs Inc., 2023 ONCA 401, the Ontario Court of Appeal elaborated on the Supreme Court’s decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (“Callow”) and clarified that a breach of the contractual...more

Bennett Jones LLP

Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation

Bennett Jones LLP on

The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario Court of Appeal recently held in 10443204 Canada Inc. v 2701835 Ontario...more

Snell & Wilmer

Shortages and the Arizona Purchaser Dwelling Action Act

Snell & Wilmer on

The Arizona Purchaser Dwelling Actions Act (“PDA”) provides construction professionals with an opportunity to remedy an alleged defect before a homeowner may file a lawsuit. When faced with an alleged defect, a construction...more

Bradley Arant Boult Cummings LLP

Liquidated Damages Clauses in Commercial Real Estate Contracts in Mississippi

Mississippi courts generally have found liquidated damages provisions in contracts for the sale and purchase of commercial real estate to be enforceable. The law in this area, however, is muddied by two factors. First, the...more

Holland & Knight LLP

ASBCA Enforces Contractor’s Commercial Software License Against Government

Holland & Knight LLP on

The Armed Services Board of Contract Appeals' (ASBCA) recent decision in CiyaSoft Corporation confirms that government agencies that procure commercial computer software will be subject to a seller's commercial license terms...more

Lewitt Hackman

FRANCHISEE 101: Squeezed at the Pump

Lewitt Hackman on

Most dealership and franchise agreements require the franchisor's prior written consent to the transfer of a business from one franchisee to another. The new franchisee is often required to sign the franchisor's then-current...more

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