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This episode of “iax World of Contracts” delves into the intricacies of managing consulting service agreements. Through a detailed case study featuring Insight Consultants and Tech Innovations, listeners will gain insights into the practical steps required to handle service breaches and seek remedies. Covering topics such as formal notifications, compensation for damages, and potential contract…
In this episode, we examine Baltic Shipping Co. v. Dillon (1993), a European case that focuses on the concept of restitution for non-performance in contract law. The case highlights the principle that when a contract is breached, the non-breaching party is entitled to be restored to their pre-contract position, including the reimbursement of payments made….
In this episode, we explore the landmark case of Carlill v. Carbolic Smoke Ball Co. (1893) and its pivotal role in shaping the rules of offer and acceptance in unilateral contracts. This case clarified how an offer can be accepted by performing the specified act, rather than by merely promising to perform. For contract managers,…
In this episode, we explore the influential case of Eastern Air Lines, Inc. v. Gulf Oil Corp. (1975), which highlights the importance of good faith in requirements contracts under the Uniform Commercial Code (UCC). This case clarifies the expectations and obligations when one party agrees to supply all of the other party’s needs. For contract…
In this episode, we explore the influential case of Hadley v. Baxendale (1854) and its crucial implications for contract management. This case established the principle of foreseeability of damages, which remains a cornerstone in determining the scope of damages recoverable in breach of contract cases. Whether you’re handling service agreements, logistics contracts, or business transactions,…
In this episode, we explore the landmark case of Hawkins v. McGee (1929) and its critical implications for contract management. Known for the famous “Hairy Hand” ruling, this case highlights key lessons in expectation damages, the risks of over-promising, and the importance of clarity in contract terms. Whether you’re managing service agreements, business transactions, or…
In this episode, we explore Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), a landmark case in administrative law with significant implications for contract interpretation in regulated industries. The case established the Chevron deference, where courts defer to regulatory agencies’ interpretations of ambiguous federal statutes. For contract managers in highly regulated industries, this…
In this episode, we explore Kásler v. OTP Jelzálogbank (2014), a European Union case that addresses unfair terms in consumer contracts. This landmark ruling by the European Court of Justice emphasized that terms in contracts can be struck down if they create a significant imbalance between the rights of the parties. For contract managers, especially…
In this episode, we explore the seminal case of Lucy v. Zehmer (1954) and its impact on contract law, particularly the objective theory of contracts. This case clarifies that a contract is formed based on the outward expressions and actions of the parties, rather than their hidden intentions. For contract managers, this principle is crucial…
In this episode, we explore the landmark case of Peevyhouse v. Garland Coal & Mining Co. (1963), a case that addresses the issue of damages for breach of contract and introduces the principle of economic waste. This ruling established that when the cost of fulfilling a specific contractual obligation is economically unreasonable, damages may be…
This Skill Bit shows that contracts should clearly state that they supersede any prior agreements, oral or written, and that the client relies only on representations specified in the contract. In case of invalidity, other provisions remain in force. The contract should specify the agreed language, exclude third-party rights, and mandate written amendments signed by…
This Skill Bit shows, that in an EPC contract, the contractor often excludes or limits responsibility for certain site conditions beyond their control. These include sub-soil risks, pre-existing soil contamination, and buried site services not disclosed in surveys. Additionally, adverse weather conditions and existing environmental hazards may fall outside the contractor’s liability. Other uncontrollable factors,…
