“And” could mean “or,” says Delaware supreme court in Weinberg v. Waystar – how drafters could avoid the issue

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2023-03-17 16:00:09

See also (list is generated automatically):“Commercially reasonable efforts”: Two Delaware court decisions raise the stakes for contract drafters Contract drafters often use the term commercially reasonable efforts in lieu of stating more-precise standards of performance.  Two recent Delaware state court opinions suggest that...Ohio supreme court: Reasonableness of liquidated damages is to be judged as of time the contract is signed (in contrast to Texas supreme court ruling) Compare: Boone Coleman Constr., Inc. v. Village of Piketon, 2016 Ohio 628, ¶¶34-37:  The Ohio supreme court held that an appeals court had improperly used hindsight...Master agreement not superseded by operating agreement, agrees Delaware Supreme Court A master agreement of sorts, styled as a “term sheet,” was held to take precedence over a contrary “sub”-agreement in Finger Lakes Capital Partners, LLC v. Honeoye...The Skype stock-option controversy: It’s hard to write plain-English legal documents Background: There’s a controversy in progress about Skype’s apparent stiffing of some former- and soon-to-be-former employees. Skype will be exercising its “call” option, its right...

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