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If your company’s international sales documents contain choice of law and choice of forum provisions, but do not affirmatively state the CISG will not apply to the contract, perhaps they should. The UCC is not always the best option, but the CISG should not always be avoided.
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Case 1. A July 2013 case from a U.S. District Court in...
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At signing, plaintiff provided a $2,500 security deposit along with a total advance rental payment of $30,000. Plaintiff also paid Sovereign a total of $3,600 for its services. Plaintiff moved into the Apartment on July 25, 2011. Two days later, plaintiff observed a [*2]bat flying in the Apartment.
By any measure, 2019 was another bumper year for English breach of warranty judgments. In the past 12 months, six significant judgments have emerged from the Business and Property Courts and Court of Appeal. However, in all probability these judgments are the tip of the iceberg.
18 Μαρ 2021 · On the facts of this case, the judge found that the seller had clearly and fairly disclosed the various operational failings of the target businesses against the various warranties on which Triumph relied in its pleaded case.
For this reason, tailored and deal-specific “warranty clauses” have taken root as an accepted practice in the context of share purchase agreements. Their aim is to protect each party to the agreement against the risk that their reasonable expectations related to the transaction are not fulfilled as promised.
Gross Negligence under New York Law. Meaning of Gross Negligence—Although in practice parties may believe that negligence is a form of mistake or error and that gross negligence is a particularly egregious example of negligence, the New York cases support a different view. In Sommers v.
Breach of warranty actions can be based on express warranties (such as an advertisement or a product label), or the implied warranties of merchantability or the fitness of a product for a particular purpose.
