Category Archives: Case Study

Contract Manufacturers And Equipment Repair Services Can Withhold Delivery Of Goods Till They Are Paid. Drafting Solutions For Rapid Enforcement And Protection Of Both Parties’ Interests.

This article deals with disputes concerning a manufacturer or service provider’s right to retain the finished goods until payment by the purchaser, in cases where the purchaser supplies the raw material or the goods to be assembled, serviced, or repaired. The article discusses solutions that can be incorporated in the contracts to prevent such disputes…

Rapid Resolution of Disputes Regarding Extent Of A Guarantor’s Liability Under A Continuing Guarantee for Payments to A Supplier: Drafting Solutions For Lawyers

This article is an illustrated example of disputes that may arise when an agreement of a continuing guarantee is unclear about the extent of the guarantor’s liability.  The article recommends and discusses drafting solutions that lawyers can adopt to minimize the chances of such disputes occurring and ensure the rapid resolution of disputes if they…

Protecting Supplier’s Interests In The Event Of Disputes Between The Customer And Payment Guarantor: Drafting Contracts To Ensure Rapid Enforcement

This article provides drafting solutions for lawyers to employ to protect their clients’ interests when drafting contracts for clients receiving personal guarantees from directors of companies or partners of partnerships for payments of the companies or partnerships’ dues. Keywords: Guarantees, Agreements of Guarantee, Contract Amendments, Guarantor’s Consent, Purchase Contract Reference: Indian Contract Act, Section 133, illustration a…

Rapid Enforcement of Contracts Where Reciprocal Promises Are To Be Performed In A Specific Order: Drafting Solutions

This article is an illustrated rapid resolution example for lawyers drafting contracts where the parties must perform their obligations in a specific order. The article discusses drafting solutions that lawyers can incorporate into contracts to ensure the rapid resolution of disputes arising from the order of performance by the parties. Keywords: Breach of Contract, Order of…

Rapid Enforcement of Contracts Where Manufacturers, Vendors And Service Providers Do Not Meet The Expected Specifications or Quality Standards: Drafting Solutions For Lawyers

An illustrated rapid resolution example that is useful when lawyers draft contracts for clients who enter into purchase agreements for goods or services. Furthermore, for timely compensation when such goods or services are not delivered to the expected specifications or expected quality. Keywords: Breach of Contract, Compensation, Damages, Mitigation, Purchase Agreements, Manufacturing Agreements, Advance Payments Reference: The…