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

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

Supply Chain Survival Series: Impracticability, Impossibility and Frustration of Purpose (Article #10)

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

Supply Chain Survival Series: Contract Modification (Article #7)

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

Supply Chain Survival Series: Additional Statutory Default Terms (Article #6)

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

Supply Chain Survival Series: Key Statutory Default Terms (Article #5)

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

8/18/2022  /  Buyers , Contract Terms , Sellers , Supply Chain
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