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Uniform Commercial Code (UCC) Breach of Contract

DarrowEverett LLP

UCC Article 2: Because Even Your Toaster Deserves a Fair Contract

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The Uniform Commercial Code (“UCC”) is a comprehensive set of laws governing commercial transactions. It was designed and drafted with the aim of standardizing, harmonizing, and simplifying the laws around commercial...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 274: Listen and Learn -- UCC Expectation Damages (Contracts)

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Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we're talking about the expectation damages of sellers and buyers of goods under Article 2 of the Uniform Commercial Code...more

Quarles & Brady LLP

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

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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

Troutman Pepper

Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between

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In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine engine manufacturer. What...more

Quarles & Brady LLP

Supply Chain Survival Series: What is Breach of Contract (Article #12)

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In previous articles, we’ve discussed how contracts are formed and what options may be available to you when it appears that your counterpart won’t perform its contractual obligations. Assuming your counterpart has failed to...more

McGlinchey Stafford

Can a Consumer Prevail in an FCRA Case Without Actual Damages? - McGlinchey Commercial Law Bulletin - November 16, 2023

McGlinchey Stafford on

Oral Contract claims- Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855. In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more

Orrick, Herrington & Sutcliffe LLP

District Court grants summary judgement for bank in “spoofing” case

On September 29, the U.S. District Court for the Southern District of New York granted summary judgement on all claims in favor of the defendant bank, while denying summary judgement for the New Jersey-based plaintiff. The...more

Quarles & Brady LLP

Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more

Quarles & Brady LLP

Supply Chain Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more

Foley & Lardner LLP

Key Issues for Suppliers to Consider in Preparing for an Impending Strike by the UAW

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The United Auto Workers (UAW) Union’s contracts with General Motors, Ford, and Stellantis are set to expire on September 14, 2023. Concerns are growing among the automotive supply base about the impact of a walkout by UAW...more

Holland & Hart LLP

Canada Emoji Ruling Considers Digital-Age Contract Realities

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When do you have an agreement that will be enforceable by law — a binding contract? Fundamental components necessary to the formation of a contract include a valid offer and acceptance with respect to final, essential terms. ...more

Blank Rome LLP

Leases - November 2022

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CASE LAW DEVELOPMENTS - This survey covers several 2021 cases involving disputes among parties to equipment leases or other personal property financings and cases involving third parties claiming to have related rights or...more

Miller Canfield

Sixth Circuit: Reasonable Notice Required to Terminate a Successive Contract

Miller Canfield on

​​​​​​​The Sixth Circuit recently held that even where a supplier has a right to terminate a contract without cause, the supplier still must give the buyer reasonable notice of termination. In Stackpole International...more

Whitman Legal Solutions, LLC

How Contracts End – Planning for Contract Termination and Beyond

This article discusses termination provisions parties should consider when they enter into a contract, the contract termination process, and when parties should consider post-termination obligations....more

Felicello Law PC

Speak Carefully When Doing Business Abroad

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How many times has a CEO or another executive reached a deal “in-principle” with a non-U.S. company by telephone or over a lunch or dinner meeting? Mostly likely, the dealmaker walks away from the meeting thinking that the...more

Blank Rome LLP

Leases

Blank Rome LLP on

Case Law Developments - This survey covers several 2020 cases involving disputes among parties to equipment leases or other personal property financings, or involving third parties claiming to have related rights or...more

Freeman Law

The Statute of Frauds in Texas

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The statute of frauds is an affirmative defense in a breach of contract suit that, where applicable, renders a contract unenforceable. It exists to “prevent fraud and perjury in certain kinds of transactions by requiring...more

Ward and Smith, P.A.

Hemp Suits: Proactive Risk Management is Key

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Business transactions come with the risk that litigation may arise at some point in the life of the parties' dealings. Transactions involving hemp—whether pertaining to its growth, production, or sale—are not immune. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

New York Court of Appeals Ruling Could Shift Negotiating Leverage to Holdout Noteholders in Out-of-Court Restructurings

The New York Court of Appeals’ recent 4-3 opinion in CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc., 2020 WL 6163305 (NY Oct. 22, 2020), could provide minority noteholders with additional...more

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Uniform Commercial Code Article 2

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As countries around the world respond to the arising threat posed by the coronavirus (COVID-19) pandemic, businesses are finding their operations interrupted due to a number of reasons, such as personnel shortages, supply...more

White and Williams LLP

Supply Chain Disruption – Before the Breach and How Best to Protect

Due to COVID-19 concerns and government-imposed restrictions, many businesses have endured and are likely to continue to endure unprecedented supply chain disruptions. Manufacturers, materialmen, wholesalers, processers,...more

Bricker Graydon LLP

Examining the defense of impracticability: Does the COVID-19 pandemic qualify as an “unforeseen event” that could render a UCC...

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For buyers and sellers of goods, the COVID-19 pandemic is causing increasing disruption to supply chains on a local, national and international level. Factories have been shut down, workforces have been downsized, flights...more

Akerman LLP

The Coronavirus And Force Majeure Clauses In Contracts

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Across the globe, businesses are experiencing issues with productivity due to employees being self-quarantined to prevent risk of exposure to the coronavirus (COVID-19), and due to facilities being shut down in an attempt to...more

Jones Day

Caveat Emptor—Anti-Assignment Clause Renders Transferred Claim Unenforceable

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Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers. Notable decisions have addressed, among other...more

White and Williams LLP

Delaware Bankruptcy Court Sustains Objection to Claim on a Note Transferred in Violation of Anti-Assignment Restriction

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The June 20, 2018 decision by the Delaware Bankruptcy Court in Woodbridge Group of Companies, LLC should prompt those involved in claims trading to reassess transactions where the underlying documents have anti-assignment...more

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