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Damages in the event of misrepresentation

When an individual makes statements that have the purpose of inducing an individual to enter into a contract, then a representation (a convincing statement) and possibly a warranty (a guarantee of a p...

Information in a brochure can be held against a seller

Information within a manufacturer's brochure can act as a warranty. In several scenarios, the manufacturer will not be a party to the written contract; however, if the manufacturer publishes a brochur...

Consulting Contract Should Include Standard of Care that is Reasonable for the Particular Profession of the Consultant

It is a good idea to have a clause in your contract that defines the standard of care, for example: "In providing services under this Agreement, the Consultant will endeavor to perform in a manner con...

Representations May Be Limited by the Schedules to the Asset Purchase Agreement

Specific exceptions to representations are generally contained in the schedules to the agreement. Vendors can use this drafting mechanism to ensure that their representations are accurate, thus increa...

Due Diligence is Required before developing software that operates with a social media platform

Website Terms of Use for application program interfaces ("API's") for programs that are designed to work with that website often contain a representation that the developer owns the intellectual prope...

Anti-Dilution Clause May Prevent Company from Issuing Additional Shares

The representation that the company may issue additional shares in the future means that the company may dilute the shares of the subscriber at will. A subscriber who does not wish to give t...

Keep the Fine Print Up to Date: The Website Terms and Conditions are Important

This article recommends a number of provisions for website owners and internet service providers to consider when drafting their terms and conditions. The topics discussed include: information about t...

Developer Hacks Mobile App with Harmful Malware

The developer of the app 'Prized' was caught using its users' smartphones and other electronic devices to mine for cryptocurrency, which was damaging for the hardware, with the potential to leave it b...

What are the Copyright Implications of Pinterest?

This article discusses the copyright issues associated with the use of the popular social networking site Pinterest. Pinterest encourages users not to pin their own items and cautions against self-pro...
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