Law School Toolbox Podcast Episode 497: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
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Bar Exam Toolbox Podcast Episode 295: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
Bar Exam Toolbox Podcast Episode 274: Listen and Learn -- UCC Expectation Damages (Contracts)
Viaje al Pasado Legal: Una Reclamación en Piedra
Bar Exam Toolbox Podcast Episode 213: Listen and Learn -- Material Breach vs. Minor Breach (Contracts)
Law Brief®: Rich Schoenstein and Robert Heim Discuss Musk v. Twitter
4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age
It’s Lit? Insight into the Increase in Cannabis-Related Litigation in California
Is There Liability for Terminating Contracts Related to Russia?
Basics of a Healthcare Contract: When Do You Actually Have One and What Happens if It's Breached?
Beyond Regulations: Hospice Business Contracts and Contract Disputes
Podcast - The Briefing from the IP Law Blog: Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT
The Briefing from the IP Law Blog: Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT
Monthly Minute | Global Supply Chain Issues
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Bar Exam Toolbox Podcast Episode 119: Listen and Learn -- Anticipatory Repudiation (Contracts)
Bar Exam Toolbox Podcast Episode 95: Listen and Learn -- Promissory Estoppel
Bar Exam Toolbox Podcast Episode 93: Listen and Learn -- Constructive Eviction
The English Court of Appeal’s judgment in KSY Juice Blends UK Ltd v. Citrosuco GmbH provides helpful guidance on the enforceability of long-term supply contracts where the price for part of the goods is left open to be agreed...more
The English Court of Appeal’s recent decision in Saxon Woods Investments Limited v. Francesco Costa ([2025] EWCA Civ 708) provides clarification on the application of directors’ fiduciary duties and the interpretation of good...more
There is a “a dearth of case law” on s1(1) of the Contracts (Rights of Third Parties) Act 1999 (Act), as observed by Lenon KC, the judge in the case of HNW Lending Ltd v Lawrence [2025] EWHC 908 (Ch). Whilst an accurate...more
1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration. But was that assignee the correct...more
Ever since the Supreme Court held, in Philipp v Barclays Bank plc1(Philipp), that claims based on the Quincecare duty against the payment services provider (PSP) which paid the funds away were not open to victims of...more
The Court of Appeal has dismissed a claim by the UK Home Office's Disclosure and Barring Service for over GBP1.5 million worth of delay payments against its IT supplier Tata. The contract contained a condition precedent to...more
The High Court has ruled that earn-out calculations, emailed by the buyer to the sellers in relation to a share sale, were not validly communicated. Earnout calculations and notice provisions - Under an earnout provision...more
The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more
In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...more
The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more
The High Court has granted summary judgment on the basis that a claim for breach of various general contractual obligations were subject to an effective exclusion clause. The clause was also not subject to the...more
The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more
Importantly for commercial parties, the decision indicates that parties are assumed to be aware of this approach. Liquidated damages clauses provide pre-agreed remedies for contracting parties in the event of particular...more
FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more
Can a breach of one contract give rise to liability for lost profit on a related contract? Or is the loss too "remote"? A Privy Council decision from Monday of this week addressed this issue in the context of a design, build,...more
It is clear that English law permits a party to avoid a contract on the grounds of economic duress but there is some uncertainty as to the circumstance in which a contract may be avoided for economic duress. Requiring...more
In This Issue – Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic harm? A Bird on the Ground is Worth One in the Sky: Lessons from ALC v. Far...more
A letter of instruction (LoI) between a bank and its client, which envisaged a segregated bank account for the receipt and protection of third party payments, conferred rights on the third parties under the Contracts (Rights...more
Our April update covers recent developments in employment law, including cases on lawful grounds for suspending employees, communicating with women on maternity leave and a novel case on the limits of lawful positive...more
Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more
The Court of Appeal of England & Wales considered, in respect of a delayed software project, whether a liquidated damages provision survived termination of the contract....more
It's no secret – government planning to regulate NDAs - The government has published a consultation paper containing proposals to limit the use of NDAs in relation to workplace harassment or discrimination claims....more
This ruling on the tort of inducing a breach of contract illustrates how industry knowledge can help fix a party with the requisite knowledge of the existence and terms of a contract, breach of which it is alleged to have...more
The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more
A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer...more