How Contracts Work

How NOT to Escape a Contract

February 1, 2011
Bees

I just discovered a story from a couple years ago involving eBay, a buyer, an RV and killer bees, and it is a great example of how not to escape a contract.

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The Importance of Power in Contract Negotiations

January 26, 2011

Since contracts are always between at least two parties, at times it is important to keep in mind whether one party has more power over another. This can lead the less-powerful party to make concessions in the agreement, or even agree to terms that are not in its interest, simply to get the deal done.

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The Importance of Force Majeure Clauses

January 6, 2011

When the roof of the Metrodome in Minneapolis collapsed on December 12, 2010 due to a big snow storm, it provided a great real-world example of the importance of force majeure clauses.

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Impossible and Illegal Contracts

November 17, 2010

For all the time I spend on this site talking about being bound to a contract once it is signed, there are some times that even though you have signed a contract, you are not bound to it. The two I am going to go through today are Impossibility and Illegality.

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Contract Breach Remedies: Specific Performance

October 12, 2010

A recent story by The Onion outlined a fantastically over-the-top example of a breach of contract remedy known as “specific performance.” The story–which is part of their News in Brief series–is reproduced in its entirety here.

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Undue Influence an Issue in the DC Mayoral Race?

August 30, 2010

The Washington Post recently published an editorial regarding the current accusations being flung at incumbent Washington DC mayor Adrian M. Fenty, many of which have to do with allegations of rigged contracts. The author picks up on an interesting contractual concept early in the editorial that is something with which we are all familiar, but very few of us could define: Undue Influence.

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Paris Hilton $35m Breach of Contract: A Short Analysis

August 16, 2010

Paris Hilton was in the news again last week–this time because she is being sued by Hairtech International for not fulfilling her endorsement contract. As such a high-profile breach of contract situation, I thought I would use this opportunity to explore contract breaches, whether damages are appropriate, and what the result might be.

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How to Escape a Contract

July 28, 2010

Jakarta’s House of Representatives ran into a contract problem recently: they decided they no longer wanted to be part of a contract they had signed with a developer to allow the use of land adjacent to the legislative complex to be used for a shopping mall for the next 25 years. That is a big [...]

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