contract law

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A process used when a contract fails to deal with some manner necessary for the contract to be performed. The court either interprets the contract in such a manner that there is no gap, or engages in gap filling where it deals with the gap in the...

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The present dispute between these parties concerns whether a clause in their arbitration agreement guaranteeing judicial review of an arbitrator's decision is valid under the Federal Arbitration Act (9 U.S.C. §§1-16) (FAA). Hall Street Associates owned...
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On August 31, 2012, Archer and White Sales, Inc. (“Archer and White”) sued Henry Schein, Inc. and Danaher Corp. (“Henry Schein”) in the United States District Court for the Eastern District of Texas. Archer and Whites Sales, Inc. v. Henry Schein, Inc...

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Typically available to buyers or sellers, courts will often award incidental damages to the party injured by the breach of another party for the costs of transporting the goods or arranging to cover the contract after the breach occurs, or any other...

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Overview

To indemnify another party is to compensate that party for losses that that party has incurred or will incur as related to a specified incident.

Typical Indemnity Clause

This is an example of what a typical indemnification clause...

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A third party beneficiary where the creation of such a relationship was intended, in that two contracting parties intended to benefit the third party beneficiary, and consideration is provided by one of the parties to the contract to insure the other...

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Respondent Frank Varela (“Varela”) is an employee of Petitioner Lamps Plus Inc. (“Lamps Plus”). Brief for Petitioners, Lamps Plus, Inc. et al. at 3. Before commencing his employment with Lamps Plus, Varela executed an arbitration agreement in which he...

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Overview

Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutes and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant...

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Overview

The mailbox rule (also called the posting rule), which is the default rule under contract law for determining the time at which an offer is accepted, states that an offer is considered accepted at the time that the acceptance is communicated (...

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In contract law, a defense used by one party to argue that a contract is invalid. In order to use the defense of mutual material mistake to argue that formation of the contract was improper, a party must argue that: (1) there was a mistake; (2) that...

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