All Entries — page 4
The full digest in part order. Use the A–Z index to look up a subject by name, or search.
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Contracts & Commercial
Limiting Liability: Caps, Carve-Outs, and Consequential Damages Waivers
A liability clause caps recoverable amounts and strikes whole damage categories. State contract law controls whether it holds, and predictable drafting gaps make it fail.
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Contracts & Commercial
Requirements and Output Contracts Under UCC Article 2
Open-quantity supply contracts are enforceable because good faith supplies the missing number. A stated estimate, or normal prior volumes, caps what may be demanded or tendered.
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Contracts & Commercial
Set-Off and Netting Rights Between Trading Partners
Set-off lets a party apply what it is owed against what it owes, but only where the debts are mutual. Contracts and bankruptcy law both change the answer.
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Contracts & Commercial
Specific Performance and Injunctions in Contract Disputes
A court orders performance rather than money only where damages would not make the injured party whole, the decree can be stated clearly, and equity does not bar relief.
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Contracts & Commercial
Termination for Convenience Compared With Termination for Cause
A convenience termination requires no breach but is limited by good faith and usually costs money. A for-cause termination requires a real default and exposes the terminator to damages if it is wrong.
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Contracts & Commercial
Warranty Disclaimers in Business-to-Business Sales
Between merchants, implied warranties can be excluded, but the code sets specific wording and visibility requirements, and express warranties are far harder to erase.
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Injury & Liability
Comparative and Contributory Fault: How States Divide Blame
An injured person's own carelessness reduces or destroys recovery depending on which of three systems the state uses. The percentage that bars a claim is the single most important local rule.
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Injury & Liability
Damages: Economic, Non-Economic, and Statutory Caps
Injury damages divide into economic loss, non-economic loss, and in some states punitive awards. Many legislatures cap non-economic damages, and several caps have been struck down.
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Injury & Liability
Dog Bite Liability: Strict Liability Compared With One-Bite Rules
Dog bite liability splits two ways. Strict liability statutes make the owner responsible regardless of knowledge; common-law scienter rules require proof the owner knew of the animal's dangerous tendency.
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Injury & Liability
Dram Shop and Social Host Liability for Alcohol Service
Dram shop statutes make licensed sellers liable for serving visibly intoxicated or underage patrons. Social host liability is narrower and in many states limited to service to minors.
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Injury & Liability
Injury Settlements: Medical Liens, Subrogation, and Structured Payments
A settlement is rarely paid to the claimant alone. Medicare, Medicaid, health plans, hospitals, and lawyers assert rights against it, and structures can spread what remains over time.
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Injury & Liability
Medical Malpractice: Standard of Care and Affidavits of Merit
A malpractice claim requires expert proof of the professional standard of care, and most states also demand a certificate or affidavit of merit filed with or shortly after the complaint.
