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Supply Chain Survival Series: Risk of Loss and Transfer of Title (Article #16)

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

Supply Chain Survival Series: Remedies for Breach of Contract (Article #14)

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

Supply Chain Survival Series: Impracticability, Impossibility and Frustration of Purpose (Article #10)

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

Supply Chain Survival Series: Battle of The Forms (Article #4)

Just as you’re about to leave ABC Corp. for the weekend, you are forwarded an email from one of ABC Corp.’s sales managers. The email is from a customer that is demanding a full refund from ABC Corp. for an item the customer...more

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