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The High Court recently held in Onecom Group Ltd v Palmer [2024] that a buyer was not time-barred for bringing breach of warranty claims by a contractual time limit set [...]

The purchaser in a sale transaction often does not have full insight into the dealings and risks of the business to be purchased, even when a due diligence has been [...]

In its judgment in Decision Inc Holdings Proprietary Limited v. Garbett and El-Mariesh,1 the High Court of England and Wales provided guidance on the interpretation of two types of warranties [...]

Licence to add defects confirmed on appeal Last year, we looked at a decision which revisited the Onerati principle post section 18E(2) in a successor in title context. That decision [...]

The presumption that 'rational businessmen' intend all their disputes to be resolved in the same forum may not apply where the parties clearly intended otherwise. Construing such intentions requires a [...]

Work orders vs money orders - to and from the preferred outcome Litigants in breach of statutory warranty claims must be aware of the overarching principle, established in section 48MA [...]

New York and Delaware each enjoy an excellent reputation in the business world and typically provide the governing laws and are the jurisdictions of choice in domestic (and many international) [...]

The U.S. Court of Appeals for the Federal Circuit heard argument in two significant Government contracts appeals in November 2021. The first, System Studies & Simulation v. U.S., No. 21-1469, [...]

Does 'termination' mean completion of works in Home Building Act warranty claims? The recent decision in Howell v Talevski clarified that the issue of whether proceedings for breach of the [...]

On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court's decision in the matter of Jolly v. General Electric, et al. in which it had (1) [...]

Construction disputes In most construction disputes there is a familiar proposition that when seeking to settle a dispute, adjudication tends to be a preferred route as it is quicker and [...]

In the case of Primus International Holding Co v Triumph Controls - UK Ltd1, the courts were left searching for the most appropriate definition of 'goodwill' when considering a breach [...]

In Tanah Merah Vic Pty Ltd & Ors v Owners Corporation No 1 of PS613436T & Ors [2021] VSCA 72 , the Victorian Court of Appeal dismissed an appeal from [...]

This time out of Massachusetts. And in an opinion authored by a female judge. This isn't something we would normally take the time to point out, but as we embark [...]

Well, this is a food case with a lot of interesting stuff in it: weird food, retailer liability issues, Section 230. Lots to chew on (sorry). The case involves a [...]

Byline: Mass. Lawyers Weekly StaffWhere a defendant provided a one-year warranty on an allegedly defective HVAC system, the defendant's motion for summary judgment should be denied except for the plaintiffs' [...]

Byline: Mass. Lawyers Weekly StaffWhere a plaintiff prison inmate filed an eight-count complaint concerning a pair of allegedly defective workboots purchased from the prison commissary operator, an order dismissing the [...]

In a recent decision, the High Court has upheld a claim for breach of collateral warranty where the claimant was induced to arrange the purchase of the defendant's laser hair [...]

116 Cardamon Limited v MacAlister [2019] EWHC 1200 (15 May 2019) This recent English High Court decision produced findings on a number of issues that are relevant to claims for [...]

So said the Connecticut state appellate court last week. It's a pretty simple equation. Like No shoes, no shirt, no service. No pain, no gain. No risk, no reward. In [...]

On April 1, 2019, Justice Guylène Beaugé of the Superior Court of Québec dismissed a suit brought by two insureds (the Insureds) against their insurer, Promutuel Boréale (Promutuel) and allowed [...]

Byline: Mass. Lawyers Weekly Staff Where the plaintiffs enlisted the services of the defendants to make improvements to their property, the fact that the parties did not have a written [...]

You'll find plenty of decisions from the amiodarone litigation discussed on the blog. Not surprisingly, because it is a generic drug, they almost exclusively focus on Mensing preemption - or [...]

QUANTUM/DAMAGES ISSUESA Plaintiff's claims for psychological and physical injury arising from the discovery of mould in his home (which had been rectified within a few months) ten years in the [...]

Richard Raysman is a partner and Elliot Magruder is an attorney in Holland & Knight's New York office The warranty is among the most essential terms of a software license, [...]

In Hadley v. Kellogg Sales Company, Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of [...]

William Charron, Co-Chair of Pryor Cashman's Art Law Group, was recently interviewed by his alma mater, University of Virginia School of Law, about the new court of arbitration for art [...]

As I blogged about earlier, the famous Maine sporting goods seller, L.L. Bean, was hit with a consumer class action complaint in Massachusetts alleging that the retailer breached its '100% [...]

The snow has retreated, Spring is in the air. What better way to start your weekend than reading this month's edition of our commercial review. FinTech - New crowdfunding regulations [...]

This should not be controversial. It has been settled since Hahn v. Richter, 673 A.2d 888 (Pa. 1996) that in Pennsylvania prescription drugs are exempt from strict liability. And since [...]

The Court of Appeal has decided that a company was not in breach of a warranty which stated that it was not restricted from disposing of an invoice, despite a [...]