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22 Aug 2011, 10:30 am
However, as careful as a party may be in drafting the contract and as clear as the contractual terms may appear to the parties at the time they are signing the contract, at some point during the operation of the contract, there may arise a dispute between the parties as to the meaning of an ambiguous term in the contract-a term that is open to more than one meaning. [read post]
22 Aug 2011, 10:30 am
However, as careful as a party may be in drafting the contract and as clear as the contractual terms may appear to the parties at the time they are signing the contract, at some point during the operation of the contract, there may arise a dispute between the parties as to the meaning of an ambiguous term in the contract-a term that is open to more than one meaning. [read post]
22 Apr 2012, 7:48 am
In 1510610 Ontario Inc. v. [read post]
30 Jul 2007, 7:00 am
The U.S. 9th Circuit Court of Appeals "consider[s] whether a service provider may change the terms of its service contract by merely posting a revised contract on its website" and decides it cannot. [read post]
24 Jul 2012, 1:24 pm
While an Incorporation by Reference clause may provide a useful correlation of one contract to a second contract, they also open up dangers when the clauses are arguably unsuitable for inclusion in the second contract. [read post]
21 Dec 2007, 7:31 am
Silence then may be fatal. [read post]
14 Dec 2009, 10:10 pm
In the case of PPG Industries, Inc. v. [read post]
7 Jun 2018, 6:00 am
Edinburgh Holdings Inc. v. [read post]
28 Jul 2014, 4:29 pm
Jupiter Medical Center, Inc. [read post]
18 Oct 2010, 9:38 am
Ansgar Mills Inc. v. [read post]
21 Apr 2016, 7:23 am
But in Pickering Square Inc. v. [read post]
12 Oct 2020, 6:00 am
., Inc. v. [read post]
9 Apr 2022, 9:37 am
However, “[a] plaintiff . . . may not recover damages for fraud that duplicate damages awarded for breach of contract. [read post]
5 Oct 2012, 12:42 am
Last May, Shutterstock, Inc. filed a Form S-1 Registration Statement with the U.S. [read post]
26 Sep 2021, 6:48 am
But where there is a total breach of the contract as opposed to a partial breach, an injured party may elect to treat the contract as void and seek damages that will restore him to the position that he was in prior to entering into the contract or the party may seek the benefit of his bargain. [read post]
10 Feb 2022, 12:27 pm
Cano, Inc. v. [read post]
14 Jun 2015, 8:00 pm
Employees may no longer be entitled to be paid out the balance of the contract. [read post]
27 Apr 2016, 11:58 am
The Ontario Court of Appeal in Howard v Benson Group Inc. recently weighed in on the issue. [read post]
Delaware Superior Court Requires Contract Claim Be Plead For Prejudgment Interest To Start To Accrue
7 Jun 2018, 6:00 am
Viking Pump Inc. v. [read post]
1 Jun 2015, 7:11 pm
Miller based upon the absence of a contract) Pre-Paid Legal Services, Inc,, v. [read post]