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1 – 10 of over 1000The founding principle of contracts is the freedom of the parties. The parties are free to choose their terms and follow any modality of communication, oral or written. As they…
Abstract
The founding principle of contracts is the freedom of the parties. The parties are free to choose their terms and follow any modality of communication, oral or written. As they can freely make a contract, they can freely modify or unmake it. Written contracts have a clause, No Oral Modification Clause (NOM Clause), precluding oral modifications of the contract. Irrespective of it, business persons make oral agreements modifying the contract, and later, dispute its validity. If the parties are free to contract, why should the oral agreement not be binding? In a NOM Clause then, ineffective? The United Kingdom Supreme Court, in MWB Business Exchange Centres Ltd v Rock Advertising Ltd, explores this fundamental question on contract law.
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Robert F. Bruner, Dean Emeritus and Kevin Hare
In June 23, 2016, voters in the United Kingdom have just approved a referendum calling for leaving the European Union. The case describes the motives for European integration, the…
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In June 23, 2016, voters in the United Kingdom have just approved a referendum calling for leaving the European Union. The case describes the motives for European integration, the rise of separatist movements in the United Kingdom and elsewhere, and the referendum process itself.
The purpose of this case is to provide a contemporary counterpoint to a discussion of the economic and political motivations for the American Civil War. Dominant themes highlighted here are economic nationalism, political nationalism, cultural centrism and ethnocentrism, and populism.
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A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till they get control over the goods. Claiming this to be a breach…
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A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till they get control over the goods. Claiming this to be a breach, the seller terminates the contract and makes claim for the damages. The seller picks all legal points it could in the routine business practices to escape the unfortunate situation. The judgment in the Toba Trade Case gives a comprehensive view of several legal themes including, payment and delivery, variation of contract, termination, anticipatory breach, award of damages and unjust enrichment.
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The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the…
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The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.
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Business contracts are done on General Conditions of Contracts (GCC). The GCCs have detailed terms to displace general principles of contract law and bring certainty in commercial…
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Business contracts are done on General Conditions of Contracts (GCC). The GCCs have detailed terms to displace general principles of contract law and bring certainty in commercial dealings. Bunge SA v Nidera BV, is a judgment of the Supreme Court of the United Kingdom, on damages terms in GCCs. A term on damages may not be a comprehensive code, answering all questions on damages. In this case, the general principles will survive and interact and interface with the contract terms to settle the rights and obligations of the parties.
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Tom Feldman took a buyout from a large technology company and used part of the money to enroll in the MBA program of a reputed university in the metropolitan Houston, Texas area…
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Synopsis
Tom Feldman took a buyout from a large technology company and used part of the money to enroll in the MBA program of a reputed university in the metropolitan Houston, Texas area. While in the MBA program, Tom began evaluating potential businesses with the objective of identifying one that would suit his needs. As part of an MBA course in marketing, Tom put together a student team to conduct marketing research on an opportunity to open a party center in Houston. After his team completed the study, Tom had both financial and marketing data to make a decision about the launch.
Research methodology
Teaching case based on the primary research.
Relevant courses and levels
This case is suited for a marketing course at both the undergraduate and graduate levels.
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All business-to-business contracts have now come to be done on standard contract terms. Every company has its General Conditions of Contract on which it would deal with its…
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All business-to-business contracts have now come to be done on standard contract terms. Every company has its General Conditions of Contract on which it would deal with its customers. Business parties negotiate, converge and do business with each other. However, if a dispute arises, both the parties claim that there is a contract between them. And each party also claims that the contract is on its terms. The claim is important, for each party sets terms favourable to itself. This is called the ‘battle of forms’. The Butler Machine Tool Case of the Court of Appeal explores the rules of this battle.
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The Supreme Court judgement, Kailash Nath Associates v. Delhi Development Authority consolidates the law on award of liquidated damages and stipulations on penalties. Contractual…
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The Supreme Court judgement, Kailash Nath Associates v. Delhi Development Authority consolidates the law on award of liquidated damages and stipulations on penalties. Contractual damages are to cover losses and not to profit from or penalise the party in breach. Stipulated amounts in damages or penalties are appraised by the courts and only a reasonable compensation is given. Earnest money, and its forfeiture, stood distinct. It could be forfeited without appraisal. The case integrates the different categories and re-states the principles for award of damages.
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Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see…
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Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see themselves as having moved from being negotiating parties to contracting parties, settling on most of the terms. The law, however, states that a contract is formed when a person makes an offer and the other accepts it. The principle arose from the rudimentary trade practices in the past. The principles coming from the prior centuries and the modern business practices may not be in consonance. The Gibson v. Manchester City Council Case, a judgement of the House of Lords of the United Kingdom, reviewed attempts to modernize the law.
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Online stores sell thousands of products and services. Despite all care, mistakes can occur. These mistakes can have severe implications for the seller. A contract once formed is…
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Online stores sell thousands of products and services. Despite all care, mistakes can occur. These mistakes can have severe implications for the seller. A contract once formed is normally binding on the parties. The seller gets bound to sell at the mistaken price. Can an online seller get out of the contract on the ground that the price was a mistake? The only court judgement on the theme is Chwee Kin Keong v. Digilandmall.com Pte Ltd, a judgement of the Singapore High Court. With reference to the judgement, the case explores pricing mistakes by online stores.
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