Topic
Contract Drafting
937 published works
Delaware Bankruptcy Update
Sportsman’s Warehouse Reminds Us of Basic Contract Interpretation Principles
Summary In a 25 page opinion published February 7, 2013, Judge Sontchi applied black-letter contract interpretation principles in conjunction with the bankruptcy rules in holding that a landlord was not…
ContractsProf Blog
A Limerick for Locke
I recently covered the implied duty of good faith and fair dealing in part through the fun case of Locke v. Warner Bros. In Locke, the LA County Superior Court…
British Columbia Insurance Blog
The first principle in interpreting an insurance contract is whether there is any ambiguity in a term
The appeal by a disability insurer ("Standard Life") from a judgment awarding a school vice-principal ("Jackson") one year of disability benefits was allowed where the court ruled that a proper…
Legal Writing Prof Blog
Bilbo and Contract Drafting
For those teaching drafting (or contracts) this spring, James Daily, author of The Law and Superheroes, has a thorough analysis in Wired Magazine of the contract between Bilbo and the…
Property Insurance Coverage Law Blog
Interpreting California Insurance Contracts
By Chip Merlin
Ken Kan and I were debating how a California judge should interpret an insurance contract covering a fire loss in Modesto, California. Interpreting insurance contracts is not as easy as many…
The IP Law Blog
This Contract May Cause You Unlimited Liability – Please Read It
By Intellectual Property Group
Most of us have become familiar with the terms and conditions printed on the back of the ticket that is obtained when parking our cars in public lots. We all are…
ContractsProf Blog
When It Comes to The Hobbit, Wired.com Puts Us to Shame
Closest Thing to a Dwarvish Scroll Available on WikipediaLast month, our very own Nancy Kim beat me to the punch by posting about the contract that Bilbo Baggins enters into with…
ContractsProf Blog
Another Visual Aid for Frigaliment, the Chicken Case
We here at ContractsProf Blog can't seem to get enough of the "Chicken Case," also known as Frigaliment. Many of us use this case when teaching the "ambiguous term" exception to…
Ship Law Log
A term as to satisfactory quality is to be implied into Norwegian Saleform 1993 by way of section 14 of the Sale of Goods Act 1979
In Dalmare SpA v Union Maritime Ltd (The "Union Power"), the court was required to decide whether a term as to satisfactory quality was to be implied into an MOA…
New York Commercial Division Round-Up Blog
Keep Sticking to the Four Corners – Extrinsic Evidence of Parties’ Prior Conduct Cannot Alter the Interpretation of an Unambiguous Contract
By Kevin Puvalowski and Brian Garrett In BDCM Fund Advisor, L.L.C. v. Zenni, No. 602116/08 (N.Y. Sup. Ct. Nov. 15, 2012), Judge Eileen Bransten granted a motion for partial summary…