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Did My Email Saying “We Have a Deal” Form a Binding Contract?
Parties to a variety of contractual obligations are conducting a great deal of business these days through long trails of email exchanges that discuss numerous aspects of a potential […]
Contractual Obligations, Force Majeure, and COVID-19
At this point it is premature to determine how Texas courts will decide the breadth and applicability of a force majeure clause related to COVID-19 . That said, do not […]
The Necessity for Co-Tenancy and Other Related Clauses
The retail apocalypse began long before COVID-19 . With many retailers already over-leveraged and shopping patterns changing, retailers were already shuttering stores, seeking a reduction in rent and/or filing […]
Revisiting the Need for Force Majeure Clauses
We are witnessing interesting times in these hectic days of the Coronavirus. We survived the terrorist attack of 9-11, hurricanes, earthquakes and the Ebola virus and we will get through […]
Contracts — A New Spin on the “Battle of the Forms” Conundrum
In most first-year law school Contracts courses, law students learn about the practical business conundrum of the “battle of the forms,” where a prospective buyer and seller exchange written proposals […]