Gap filling refers to the process of inferring and inserting contractual terms into a contract when the contract fails to specify all necessary terms for the contract to be performed. Courts rely on a series of gap filling rules to carry out...
contract law
(LIIBULLETIN preview)
The present dispute between these parties concerns whether a clause in their arbitration agreement guaranteeing judicial review of an arbitrator's decision is valid under the Federal Arbitration Act (9 U.S.C. §§1-16) (FAA). Hall Street Associates owned...
(LIIBULLETIN preview)
On August 31, 2012, Archer and White Sales, Inc. (“Archer and White”) sued Henry Schein, Inc. and Danaher Corp. (“Henry Schein”) in the United States District Court for the Eastern District of Texas. Archer and Whites Sales, Inc. v. Henry Schein, Inc...
(Wex page)
Incidental damages are compensatory damages awarded to an injured party based on costs associated with the loss in the value of the other party’s failed or deficient performance. Incidental damages are primarily a civil law concept and are...
(Wex page)
To indemnify, also known as indemnity or indemnification, means compensating a person for damages or losses they have incurred or will incur related to a specified accident, incident, or event. Typically, parties make a written agreement in...
(Wex page)
An intended beneficiary refers to a third party who is designated to benefit from a contract between two other parties. This means that the two contracting parties intended to benefit the third-party beneficiary, and the creation of such a...
(LIIBULLETIN preview)
Respondent Frank Varela (“Varela”) is an employee of Petitioner Lamps Plus Inc. (“Lamps Plus”). Brief for Petitioners, Lamps Plus, Inc. et al. at 3. Before commencing his employment with Lamps Plus, Varela executed an arbitration agreement in which he...
(Wex page)
Overview
Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutes and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And...
(Wex page)
Overview
The mailbox rule (also called the posting rule), which is the default rule under contract law for determining the time at which an offer is accepted, states that an offer is considered accepted at the time that the acceptance is communicated...
(Wex page)
In contract law, a defense used by one party to argue that a contract is invalid. In order to use the defense of mutual material mistake to argue that formation of the contract was improper, a party must argue that: (1) there was a mistake; (2) that...