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Tag Archives: Contract

Parties’ shared intent resolves latent ambiguity (access required)

Where the parties’ contract provided plaintiffs with a 15% hardship uplift of their pay for working in Afghanistan and neither party knew that Department of State regulations permitted a 35%  maximum, plaintiffs’ claim for the higher uplift is rejected. The ...

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No fraud liability for failure to report identity theft by third party (access required)

Where an independent insurance agent sold insurance policies under a contract with an insurance company and unknown third parties used the agent’s license to process applications with the insurance company, ultimately leading to financial losses for the agent, the agent ...

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Amazon was not a ‘seller’ of allegedly defective product (access required)

Although the allegedly defective product was shipped to Amazon’s warehouse before being shipped to the customer, because title to the product was never transferred to Amazon, and all other evidence indicated another party remained the seller, Amazon could not be ...

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Dealer could not sue manufacturer over worsened product quality (access required)

An authorized dealer of defendants’ products who lost customers after defendants’ changes to the chemical composition of their product resulted in inferior product quality did not have any valid claims against the defendants because the dealer could not demonstrate that ...

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Commonwealth can sue lender despite arbitration clause (access required)

The commonwealth may pursue claims on behalf of borrowers to enforce the Virginia Consumer Protection Act despite the borrowers’ signed arbitration agreements with the lender. Overview Net Credit, an internet-based lender, made loan agreements with private borrowers. The Commonwealth has ...

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Defamation counterclaim covered by jury trial waivers (access required)

Where a plaintiff sued a defendant for breaching an agreement to supply equipment based, in part, on the equipment’s failure to meet minimum quality standards and the defendant’s counterclaim for defamation was based on plaintiffs’ statements that maligned the equipment’s ...

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