News & Analysis as of

Contract Formation

Troutman Pepper Locke

Ninth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

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In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more

Mayer Brown

DAZN v Coupang: English Court of Appeal Blows the Final Whistle on FIFA Club World Cup Broadcasting Rights Dispute

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In DAZN Limited v Coupang Corp the English Court of Appeal has held that informal messages exchanged via WhatsApp and email were sufficient to form a binding contract to sublicence the broadcast rights to the 2025 FIFA Club...more

Adams & Reese

Louisiana Court Invalidates Arbitration & Delegation Clauses in Residential Sale Contract

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Arbitration clauses that reference the “AAA Construction Industry Arbitration Rules” are unenforceable if the contract does not define “AAA” or if the Construction Industry Arbitration Rules are not provided to lay...more

Troutman Amin LLP

SIGNED BY SILENCE?: Court Finds Consumer Agreed to Arbitration By Failing To Respond to A Text Message– And Its A Little Odd

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Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can...more

Cooley LLP

How to Win a ‘Battle of Forms’? Avoid Them!

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The recent High Court decision in Volac International Limited v. IEP Technologies Limited[1] should serve as a reminder to contracting parties to ensure they have effective procedures in place to avoid a ‘battle of forms’ as...more

Genova Burns LLC

NJ Supreme Court Tightens Proof Requirements of Arbitration Agreement

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In its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the...more

Bradley Arant Boult Cummings LLP

The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services

Construction law in the United States consists of two main bodies of legal rules. The first, federal law, applies to contracts involving the U.S. government and its agencies. The second, state law, applies to pretty much...more

BCLP

Jaevee Homes v Fincham: WhatsApp Users Take Note!

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In this Insight, first published in PLC, Anna Blest and Katharine Tulloch consider the decision in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC), in which the court concluded, among other things,...more

BCLP

"Battle of the Forms” in the Hong Kong Construction Industry

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What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more

Tucker Arensberg, P.C.

Warning to Small Business Owners: Don’t Contract Your Way Out of a Local Venue!

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Small business owners often wait for things to go wrong before consulting with attorneys. This is understandable. Consulting a lawyer can delay a transaction and nobody likes the added expense....more

Kilpatrick

Northern Exposure – Lessons From Our Neighbors To the North About Emojis

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Can a thumbs up emoji mean acceptance of contract? A Canadian appellate court thinks so. A Canadian appellate court thinks so. The appeal involves a dispute between Achter Land & Cattle Ltd. (“ALC”) and South West Terminal...more

Law School Toolbox

Law School Toolbox Podcast Episode 487: Listen and Learn -- Consideration (Contract Law)

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Welcome back to the Law School Toolbox podcast! Today, in an episode from our "Listen and Learn" series, we're discussing an important concept from Contract Law - consideration - which is one of the three requirements of...more

Fox Rothschild LLP

DEAL OR NO DEAL

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Not just the name of the television show on NBC, Deal or No Deal is the question many attorneys are asking, as well as being asked by their clients, regarding transactions that are being made with companies and other...more

Falcon Rappaport & Berkman LLP

Five Critical Mistakes to Avoid in Purpose-Driven Businesses

So, you’re very excited. You’re about to launch a new purpose-driven company. Or maybe you have one, but something just doesn’t seem to be working the way you’d like. Here are five critical mistakes to avoid with your new or...more

Mayer Brown

A Delaware Law Alert: M&A Disputes

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Two recent Delaware Superior Court opinions are essential reading for M&A practitioners drafting language with respect to how disputes related to purchase price adjustments, earnouts, and other accounting-related...more

Bowditch & Dewey

You Just Hit “Send.” Did You Also Form a Valid, Binding Contract?

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In Boulay v. Boulay, the Land Court addressed whether email correspondence may constitute a valid, binding contract in the context of a real estate transaction. In Massachusetts, a specific pitfall of negotiations via email...more

Sullivan & Worcester

Interpreting English Law Contracts: avoiding the bear traps

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The importance of clear drafting cannot be overstated. Ambiguity of language can lead to disputes, costly litigation and unintended outcomes. The recent Court of Appeal judgment in Cantor Fitzgerald & Co v Yes Bank Ltd [2024]...more

Allen Matkins

If A Contract Creates No Legally Enforceable Rights, Is It A Contract?

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The word "contract" is derived from the Latin word contrahere which means to draw (or drag) together.   The California Civil Code defines a "contract" as "an agreement to do or not to do a certain thing".  Cal. Civ. Code §...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 257: Listen and Learn -- Consideration (Contract Law)

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Welcome back to the Bar Exam Toolbox podcast! Today, in an episode from our "Listen and Learn" series, we're discussing an important concept from Contract Law - consideration - which is one of the three requirements of...more

Barnea Jaffa Lande & Co.

Informal Agreements or a Binding Contract?

Everyone knows what a contract means. But what does a “non-binding contract” mean? Does it encompass, for example, a memorandum, meeting minutes, a document containing nonspecific points of consent in principle? A recent...more

Venable LLP

Lead Generation: An Excerpt from the Advertising Law Tool Kit

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In the evolving world of lead generation and performance-based customer acquisition, the quest for profits can lead to big legal risks, some of them too large for advertisers that buy leads through third parties. Advertisers...more

Hogan Lovells

Language barrier: Supreme Court clarifies language requirement in contracts in Indonesia

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The Indonesia Supreme Court has stated that the absence of a Bahasa Indonesia language version of a contract should not of itself mean that the contract should be voided, except where it can be proven that the absence of such...more

Freiberger Haber LLP

Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too...

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This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding contract, there must be a manifestation of mutual...more

Nutter McClennen & Fish LLP

Massachusetts Court Awards Preliminary Injunction to Wrongfully Terminated Board Member

Judge Kazanjian, sitting in the Massachusetts Business Litigation Session, allowed a plaintiff board member’s motion for a preliminary injunction. Judge Kazanjian’s order reinstated the plaintiff to the board of directors and...more

Stoel Rives -  Ahead of Schedule

Contract Drafting Tips for Rooftop Solar and Carport Solar Leases

Adding solar energy facilities to a rooftop or a parking lot is an excellent way to put developed land to even more productive use. Hosting a solar array can create value for a property via a new revenue stream from rent...more

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