September 2020

In some of our recent posts, we have touched on damage recovery in breach of contract cases. Having at least a basic understanding of damage recovery can be very valuable for business owners. At some point in your business career, you’re going to encounter a breach of contract, and it’s important that you understand how […]

Recently, we discussed the topic of damage recovery by examining the well-known case of Hadley v. Baxendale. As we saw in that case, damage recovery in breach of contract cases is limited by the principle of foreseeability, such that damages must be reasonably foreseeable to be recoverable. We will continue to look at core contract

The free market can certainly be ruthless for small businesses. The competition, however fierce, has to be fair, though, and businesses who have recognized commercial relationships with other businesses deserve to operate within the scope of those relationships without a third party meddling in their affairs. Claims for breach of contract are fairly straightforward, but

The classical notion of lawsuits and litigation is that the defendant has to pay money (damages) to the innocent party as a court-ordered remedy. To be sure, this is the most common remedy, but there are instances in which other remedies are more appropriate. In business litigation–and, specifically, breach of contract claims–injunctive relief is sometimes

Previously, we discussed the basics of the “substantial performance” doctrine in contract law. In that discussion, we saw how substantial performance functioned as a kind of excuse for an immaterial breach or imperfect performance, and that the non-breaching party was entitled to the difference in value arising from the breach. Substantial performance is just one

Mergers and acquisitions can be complex, multi-faceted transactions. In addition to the myriad tax, legal, and financial considerations which impact M&A transactions, there is also the burden of conducting adequate research in order to verify information prior to closing. This pre-closing research is referred to as “due diligence.” Due diligence in M&A encompasses a wide