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Blog Bite: How can joint venture partners ensure the duty of good faith applies to their commercial endeavour?

This article posted on our partner site Mondaq.com explores the doctrine of good faith and how parties may achieve some measure of certainty as to how it might apply in a legal landscape in which th...

Blog Bite: Can organizations in the UK legally disclose information that violates its own privacy policy?

This article posted on our partner site Mondaq.com discusses a recent case where the High Court permitted a university to disclose personal information of a student accused of sexual assault. Disclo...

Blog Bite: What measures can be taken to improve a company’s privacy policies?

This article posted on our partner site Mondaq.com is discussing how companies can better prepare their privacy matters to mitigate issues with trade secrets and intellectual property. The author pr...

Blog Bite: Why is an operating agreement important for protecting the joint venturer’s individual interests?

This article posted on our partner site Mondaq.com talks about how joint venturers may be found jointly and severally liable to their counterparties. Joint venturers should proactively plan for the ...

Blog Bite: Who oversees and/or does all the work in operating a joint venture?

This article posted on our partner site Mondaq.com speaks to questions like, how important is setting out the individual and joint responsibilities? Who measures the success? How important is it tha...

Blog Bite: What are the considerations in allowing for a joint venturer to partially or fully exit (i.e., transfer ownership to a third party)?

This article posted on our partner site Mondaq.com discusses how time restrictions for sale, approval mechanism, allocation of risk among other things, are considerations for the entry and exit of n...

Blog Bite: What is a mechanism for encouraging parties not to default?

This article posted on our partner site Mondaq.com describes mechanisms for disincentivizing default and managing the default and remedy process. This comes to you as a part of Clausehound's excitin...

Blog Bite: Are there implied fiduciary duties in a joint venture agreement?

This article posted on our partner site Mondaq.com discusses implied fiduciary duties into joint venture agreements, specifically the duties to act in good faith and to not misuse venture revenues. ...

Blog Bite: Should international contracts clearly identify the governing law for potential disputes?

This article posted on our partner site Mondaq.com advises businesses to ensure that governing law clauses are drafted so as to clearly identify what law will govern claims arising from disputes bet...

Blog Bite: How does the inclusion of an expressed duty of good faith in a contract affect parties in a joint venture agreement in the UK?

This article posted on our partner site Mondaq.com states that the inclusion of an expressed duty of good faith can have several consequences to parties of a joint venture agreement. Parties will li...

Blog Bite: What is the scope of an entire agreement clause?

This article posted on our partner site Mondaq.com looks at the purpose of an entire agreement clause. Using a Court of Appeal case, AXA Sun Life v Campbell Martin, draft recommendations are provide...

Blog Bite: Are parties to a joint venture agreement have obliged to act with good faith to each other?

This article posted on our partner site Mondaq.com relies on a recent judicial holding to illustrate that parties of a joint venture agreement may have an implied obligation to act with good faith. ...

Blog Bite: In what circumstances do entire agreement clauses prevent claims for misrepresentations?

This article posted on our partner site Mondaq.com discusses the importance of explicit language in entire agreement clauses. To prevent a claim for negligent misrepresentation, a clause must either...

Blog Bite: What factors affect the way in which a business must structure a joint-venture in order to ensure optimum performance?

This article posted on our partner site Mondaq.com lays out an algorithmic approach to entering a joint venture agreement and considerations or priorities at each stage of the decision-making proces...

Blog Bite: What contractual provisions are of particular concern to an independent contractor when amending a contract?

This article posted on our partner site Mondaq.com posits that amendments to contractor agreements are rarely, if ever, made for the benefit of the contractor. As such, it is imperative for contract...

Blog Bite: What are the clauses of a contract that can have an impact on dispute resolution?

This article posted on our partner site Mondaq.com discusses governing law clauses, jurisdiction clauses and litigation/mediation clauses. The author introduces the clause and explains how they can ...

Blog Bite: What is required for a guarantee to be enforced?

This article posted on our partner site Mondaq.com looks at a judgement where a court found that a company that was owed fees by a director who assured he would pay did not constitute a guarantee. F...
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