The Appellate Division, First Department's decision in Cole v. Macklowe 1 highlights an interesting issue of contract law: if a party asserting a breach of contract claim establishes that it suffered ...

In this article, we look at liquidated damages in construction contracts and factors you should consider to ensure that the damages are not regarded as an unenforceable penalty. W ...

>California Bar Examination – Essay Questions and Selected Answers, July 2014 (https://www.calbar.ca.gov/Portals/0/documents/admissions/gbx/July2014CBXQuestions_R ...

Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce ...

The existence of a valid and binding written or oral contract between the parties. The plaintiff’s performance, partial performance (in some cases), or excuse for nonperformance of its contractual ...

Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and ...

Identify the purpose of the transaction, which dictates its structure. Determine whether the transaction: involves the provision of goods (for more information, see Sale of Goods Agreement (Pro-Buyer) ...