Contract Disputes, Contract Interpretation, Contract Negotiations

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

Allen Matkins on 6/4/2024

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

When Is a Deal a Deal?

Ward and Smith, P.A. on 4/25/2022

Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain pitfalls. At worst, this can lead to the complete invalidity of the...more

The Importance of Contract Language

Jones & Keller, P.C. on 3/16/2022

Several years ago, unclear, ambiguous, and inconsistent contract language (not to mention some bizarre lawyer shenanigans) cost the owner of the Los Angeles Dodgers one-half of the team in divorce proceedings...more

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

Latham & Watkins LLP on 1/5/2022

Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more

Howsoever Denominated, This Was Not Promissory Fraud

Allen Matkins on 1/4/2022

Parties exchange drafts of a contract and before signing one party surreptitiously substitutes provisions in the copy to be executed. Some might call this "promissory fraud", but as Justice William Dato explains in an...more

Judge hadn't erred by referring to pre-contractual negotiations

A&O Shearman on 11/24/2020

The Court of Appeal has briefly considered the old chestnut of the admissibility of pre-contractual negotiations as an aid to interpreting an agreement: Morris Homes v Cheshire West and Chester Council....more