In recent articles, we discussed rights and obligations arising from breaches of contract. However, at times goods may be damaged or destroyed during transit, without any fault on the part of the seller or the buyer. In this...more
7/21/2025
/ Breach of Contract ,
Buyers ,
Common Carriers ,
Contract Terms ,
Goods or Services ,
Property Damage ,
Risk Management ,
Sellers ,
Shipping ,
Supply Chain ,
Uniform Commercial Code (UCC)
Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you...more
3/5/2025
/ Appeals ,
Appraisal ,
Breach of Contract ,
Consumer Insurance Products ,
Contract Terms ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Property Insurance
We have previously discussed the obligations a non-breaching party has to mitigate its own damages in the event of a contract breach. Assuming a party has mitigated its damages, this article discusses the potential remedies...more
8/9/2024
/ Breach of Contract ,
Confidentiality Agreements ,
Contract Disputes ,
Contract Terms ,
Damages ,
Employment Contract ,
Hiring & Firing ,
Injunctive Relief ,
Restrictive Covenants ,
Supply Chain ,
Uniform Commercial Code (UCC)
In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual...more
In previous articles in the Supply Chain Survival Series, we discussed how contracts are formed and what UCC default terms apply in a Battle of the Forms scenario. We now turn our attention to how parties can modify contracts...more
We’ve previously discussed the UCC’s “Battle of the Forms,” which occurs when buyers’ and sellers’ transaction documents (such as quotations and purchase orders) contain conflicting terms and can result in neither side’s...more
In our previous article, we discussed the infamous “Battle of the Forms,” where conflicting terms in buyers’ and sellers’ purchase orders, invoices, and order confirmations can result in neither side’s terms governing their...more