What is a Non-Circumvention Agreement?
June 13, 2019The business world runs on deals, many of which can come about when two parties work together to do business with a third party. A non-circumvention agreement prohibits either of those two parties from cutting the other one out of the deal by working directly with the third party. For example, Company A is a …
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Are “Time is of the Essence” Provisions in Contracts Enforceable?
May 27, 2019Sometimes parties to a contract — especially those involving the sale of goods — will include a “time is of the essence” (TOE) provision to signify that delivery deadlines are crucial to the performance of the contract. This is often because there are other critical factors that are dependent …
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What is Impossibility of Performance?
March 29, 2019Impossibility of performance occurs when the contractual duties of one or more parties cannot be fulfilled due to circumstances out of their control. It is a defense to a breach of contract claim. Sometimes unforeseen or unexpected events make it impossible to fulfill the terms of the contract. Some typical example…
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