Viewing: Contract Law Basics and Tips

Habit #2: Give Important Contracts Special Attention

I sometimes give a presentation on simple contracting practices that businesses can adopt to reduce their risk. I’ve posted a cliff notes version in Contract Hygiene: Five Healthy Contracting Habits (Part 1) and (Part 2). Without spending a dime on lawyers, a lot of businesses can significantly reduce the number and size of the time […] Read More

Electronic Confidential Information: It’s Indestructible

Whack-A-Mole. Cockroaches. Electronic confidential information. What’s the common thread? They’re all difficult to destroy. The moles of the carnival game relentlessly pop up in new places. Cockroaches could survive a nuclear attack. And it would be difficult — potentially impossible — to completely destroy electronic confidential information as is required under many confidentiality agreements. Confidentiality […] Read More

Don’t Hinder Contract Performance and Then Sue for Breach of Contract

In my first roundup post of 2011 Eighth Circuit contracts cases, I discussed Weitz v. MH Washington, a breach of contract case that was decided by the Eighth Circuit a year ago. I focused in the post on the role of sloppy contract drafting and sloppy contract performance in the court's piercing the corporate veil […] Read More

Postette: Useful Contracts Tools Or Toys?

I recently stumbled upon a couple of contracts products. One is TOSAmend, which allows you to mark up online terms of service before agreeing to them in the hope that you'll be able to form a contract on more favorable terms. The other is PocketNDA, a small notebook of form non-disclosure agreements for those times […] Read More

Liquidated Damages Provisions Can Be Your Friend, But Don’t Overreach

Liquidated damages provisions can be a useful way to ensure that you have a remedy if the other party to a contract fails to live up to its end of the bargain. When things go south in a commercial relationship, proving that a breach of the contract has occurred is only half the battle; the […] Read More

Excellent Law Firm Piece Explaining Indirect Damages

I don’t often link to content located in the nether regions of a law firm’s website, but this piece about indirect damages is worth an exception. It was written by Stephen Brett of the UK intellectual property law firm Anderson Law LLP. Not coincidentally, one of the best contract law blogs I follow is the […] Read More

The Law of Stuff Isn’t the Same As the Law of Services

You sign two identical contracts with two different suppliers, one to buy stuff and the other to buy services. If both of your suppliers default in the exact same way, your rights will be the same under each contract, right? Probably not, because the law that applies to the sale of goods is not the […] Read More

Postette: Oops…I Meant $2,000, Not $500

If a travel website erroneously lists a low price for air fare and you book a trip, can you hold the airlines to the low fare? As the ContractsProf Blog recently explained, it depends, but you might be able to. The ContractsProf’s post discusses a situation where the published fare was a fraction of the […] Read More

Be Sure to Read the Boring Stuff at the Back of Your Contracts

Sometimes the boring standard provisions in the back of a contract can really be brutal. Take this scenario, for example:  Your company books a trip on a cruise ship and signs a contract to charter the ship. It’s the spring of 2001 and you have the foresight to obtain verbal assurances and a letter from […] Read More

Document Comparison Is an Essential Part of the Contracting Process

Bloomberg reported yesterday that Groupon has been accused in a lawsuit of altering emails containing agreements with merchants after both sides had accepted the terms. The plaintiff has accused Groupon of intentionally altering contracts after the fact (“Unbeknownst to Plaintiff and the other Class members … Groupon accesses its merchant-clients’ emails containing the Merchant Agreements […] Read More

1 2 3 4