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Results: 1-10 of 35

Performance in good faith as a matter of ‘mutual commercial conduct’

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • March 19 2013

As in Canada, the general position in England is that there is no duty of good faith in the negotiation of contracts: see Martel Building Ltd v

And as a matter of the parties’ reasonable expectations

  • Borden Ladner Gervais LLP
  • -
  • United Kingdom
  • -
  • March 19 2013

In the view of Leggatt J of the Queen's Bench division, there is 'nothing novel or foreign to English law' in recognising an implied duty to perform

No more anonymous sellers at auction in New York?

  • Borden Ladner Gervais LLP
  • -
  • USA
  • -
  • March 19 2013

One of the advantages of auctions is that no one ever needs to know that you are selling off the family silver in order to pay the mortgage: the

Little reminder from the Delaware court: don’t fake that notarised document

  • Borden Ladner Gervais LLP
  • -
  • USA
  • -
  • February 27 2013

If you do, bad things can happen - as in Bessenyei v Vermillion Inc (Del Ch, 16 November 2012). Bessenyei and Goggin were shareholders of the

Satiric web posting not grounds for treating contract as terminated

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 19 2012

Spectrum Agencies was the commercial agent for the sale of Crocs Europe BV's (unaccountably) popular line of footwear. Employees of Spectrum found that

Director thought he was doing the right thing but still breached duty of loyalty

  • Borden Ladner Gervais LLP
  • -
  • USA
  • -
  • December 19 2012

Just because you disagree with your fellow directors about corporate policy doesn't mean you can pursue your own strategy for the company. A point Simon

BLG Monthly Update

  • Borden Ladner Gervais LLP
  • -
  • Argentina, Australia, Canada, United Kingdom, USA
  • -
  • December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

Delaware court takes narrow view of common-interest privilege

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • December 19 2012

CrossFit, a distributor of fitness and training regimens, is owned 'by an artificial entity, the marital community enjoyed by Greg and Lauren Glassman'

Directors' resignations: when are they effective and can they be revoked?

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 7 2012

The OBCA, the CBCA and the new Ontario Not-for-profit Corporations Act 2010 provide that a director's resignation is effective on the later of receipt of the resignation by the corporation or a date specified in the resignation, does not need to be accepted by the corporation and cannot be revoked once given, unless the corporation agrees

Take notice of notice provisions

  • Borden Ladner Gervais LLP
  • -
  • United Kingdom
  • -
  • November 20 2012

A dispute over notice provisions in a contract took the parties in Ener-G Holdings plc v Hormell, 2012 EWCA Civ 1059, to the English Court of Appeal, and deprived one of them of a £2 million claim relating to a sale of shares