Dispute Resolution
Entries across the digest that deal with dispute resolution.
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Contracts & Commercial
Contract Interpretation: Plain Meaning, Ambiguity, and Parol Evidence
A court reading a disputed term begins with the writing itself. Extrinsic evidence enters only through ambiguity, and states disagree about how wide that door opens.
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Contracts & Commercial
Specific Performance and Injunctions in Contract Disputes
A court orders performance rather than money only where damages would not make the injured party whole, the decree can be stated clearly, and equity does not bar relief.
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Contracts & Commercial
Termination for Convenience Compared With Termination for Cause
A convenience termination requires no breach but is limited by good faith and usually costs money. A for-cause termination requires a real default and exposes the terminator to damages if it is wrong.
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Contracts & Commercial
Choice of Law and Forum Selection: Drafting and Enforcement
Two clauses do different jobs: one picks the governing law, one picks the courthouse. Each is usually enforced, and each fails in a narrow set of situations worth knowing.
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Insurance
Appraisal Clauses in Property Insurance Disputes
An appraisal clause lets either side force a valuation process run by two appraisers and an umpire. The award binds on the amount of loss but not on coverage.
