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Breach of Contract › Shipping

Quarles & Brady LLP

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

Quarles & Brady LLP on

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

BCLP

MUR Shipping Revisited: When force majeure and reasonable endeavours collide

BCLP on

In MUR Shipping BV v RTI Ltd the English Court of Appeal has overturned by majority the judgment of the Commercial Court in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) and provided fresh guidance on when alternative...more

Benesch

Using Contractual Rights as a Sword to Protect Your Interests in Uncertain Times

Benesch on

As many in the industry are aware, we are now in, and have been for over a decade, the era of the transportation contract. More and more shipments, shipment schematics, and overall transportation relationships are governed by...more

Akin Gump Strauss Hauer & Feld LLP

The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?

Akin Gump Strauss Hauer & Feld LLP on

International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure...more

Smith Anderson

Fourth Circuit Holds that Motor Carrier has No Claim Under Federal Law Against Shipper for Unpaid Freight Charges

Smith Anderson on

In Gaines Motor Lines, Inc. v. Klaussner Furniture Industries, Inc., decided October 30, 2013, the U.S. Court of Appeals for the Fourth Circuit addressed for the first time whether federal courts have jurisdiction over a...more

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