This column focuses on the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue. Under New York law, reformation ...
The dramatic rise of electronic communications over the last few decades has transformed how businesses negotiate and memorialize agreements. From employment contracts to complex legal settlements, ...
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) ...
In an increasingly sophisticated commercial marketplace, a corporate agreement functions as far more than a mere ...
Risk allocation is a fundamental principle in commercial contracts. Each party seeks to minimize its risk while maximizing its reward. Often, the more one party’s risk decreases, the more the other ...