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Damages › Contract Formation

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

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

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The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

A&O Shearman

Stop the press; a liquidated damages case that isn’t about penalties…

A&O Shearman on

You might be forgiven for thinking that any time a party wants to get out of a liquidated damages provision, it argues the clause is an unenforceable party. However, in a recent case, a contractor sought to avoid liquidated...more

Hogan Lovells

Hong Kong Law Contract Guide

Hogan Lovells on

Our team in Hong Kong recently developed a Hong Kong Law Contract Guide. The guide discusses relevant legal principles that inform the most common contractual clauses in Hong Kong. The guide offers practical points to...more

Smith Anderson

North Carolina Business Court Recognizes Duty to Negotiate Contracts in "Good Faith"

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Until there’s a binding contract, are you free to walk away from negotiations without penalty? Not necessarily. The North Carolina Business Court recently held that in certain circumstances parties have a duty to negotiate in...more

Sheppard Mullin Richter & Hampton LLP

When Is a Non-Binding Term Sheet or Letter of Intent Enforced as a Binding Contract?

Sheppard Mullin Richter & Hampton LLP on

In almost all corporate transactions, the first piece of written documentation the parties exchange and execute (after a non-disclosure agreement) is a letter of intent or term sheet (“LOI”), which is intended to summarize...more

Carlton Fields

Florida Supreme Court Approves Standard Jury Instructions For Use In Contract And Business Litigation

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On June 6, for the first time, the Florida Supreme Court approved standard jury instructions for use in contract and business litigation. ...more

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