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
8/9/2024
/ Breach of Contract ,
Confidentiality Agreements ,
Contract Disputes ,
Contract Terms ,
Damages ,
Employment Contract ,
Hiring & Firing ,
Injunctive Relief ,
Restrictive Covenants ,
Supply Chain ,
Uniform Commercial Code (UCC)
Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order...more
In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has...more
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
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
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
In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual...more
In our previous article, we discussed anticipatory repudiation and demands for adequate assurances—legal concepts that may arise when a party to a contract expects that its counterparty may not perform its end of the bargain....more
Previous articles in the Supply Chain Survival Series have discussed a number of topics, including how contracts are formed and modified, and what default terms may be deemed to be part of an agreement under the UCC Battle of...more
In previous articles in the Supply Chain Survival Series, we discussed how contracts are formed and what UCC default terms apply in a Battle of the Forms scenario. We now turn our attention to how parties can modify contracts...more
We’ve previously discussed the UCC’s “Battle of the Forms,” which occurs when buyers’ and sellers’ transaction documents (such as quotations and purchase orders) contain conflicting terms and can result in neither side’s...more
In our previous article, we discussed the infamous “Battle of the Forms,” where conflicting terms in buyers’ and sellers’ purchase orders, invoices, and order confirmations can result in neither side’s terms governing their...more
Just as you’re about to leave ABC Corp. for the weekend, you are forwarded an email from one of ABC Corp.’s sales managers. The email is from a customer that is demanding a full refund from ABC Corp. for an item the customer...more
After working through two different customer disputes in as many weeks, you finally come up for some air. While you have the opportunity, you decide it is time to review ABC Corp.’s contracting practices for buying and...more
It’s Friday at 3:00 p.m. at ABC Corp., and Mike from purchasing enters your office, slumping into his chair with a heavy sigh. Prime resin is in short supply. The next delivery will be weeks late, only half your order can be...more
5/20/2022
/ Business Interruption ,
Contract Drafting ,
Contract Terms ,
Merchants ,
Performance Standards ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Terms and Conditions ,
Uniform Commercial Code (UCC) ,
Vendors
After working through the weekend, you and your attorney are able to work out a plan for how to respond to your angry customer and your resin supplier. As you’re settling in at your desk at ABC Corp. feeling glad to have that...more