Adam Leitman Bailey and John M. Desiderio explain how New York courts decide whether a buyer’s or seller’s failure to meet a ...
The existence of a valid and binding written or oral contract between the parties. The plaintiff’s performance, partial performance (in some cases), or excuse for nonperformance of its contractual ...
Lord Diplock explained in Photo Production Ltd. v. Securicor Transport Ltd., reported at [1980] 2 WLR 283, that “Every failure to perform a primary obligation i ...
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