English Court of Appeal: Awareness Is Necessary to Waive Contractual Termination Rights

The English Court of Appeal’s judgment in Ure Energy makes an important contribution to the law of waiver.

By Nell Perks and Anna Kullmann

Key Points:

  • Ure Energy confirms that the principle in Peyman v. Lanjani applies in cases of express contractual termination rights.
  • For a party to affirm a contract and waive its contractual right to terminate, it must actually know of the facts giving rise to its right to terminate, and the existence of that right.

Introduction

The … Read the rest

Abortion Rights Ballot Measures Pass in Seven States

Quick Hits

  • Voters in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada supported ballot measures to add the right to abortion into the state constitution.
  • Ballot measures to expand abortion access failed in Florida, Nebraska, and South Dakota.
  • Legal challenges are expected regarding the ballot measure process, parental consent requirements, and other abortion limits in certain states.

On November 5, 2024, voters in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada approved ballot measures to amend the state … Read the rest

Supreme Court schedules transgender rights case for December

Supreme Court schedules transgender rights case for December

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The Supreme Court’s December argument session will feature the challenge to Tennessee’s ban on puberty blockers and hormone therapy for transgender minors, as well as a case by survivors of the Hungarian Holocaust seeking compensation for the seizure of the property by the Hungarian government and a dispute over the Food and Drug Administration’s efforts to bar flavored e-cigarettes that are likely to appeal to young people.

The court on Friday released the calendar for the December argument session, … Read the rest

Supreme Court divided over disputed civil rights attorney’s fees

Supreme Court divided over disputed civil rights attorney’s fees

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The justices on Tuesday were divided over a dispute regarding attorney’s fees for plaintiffs in civil rights cases. A federal appeals court in Richmond, Va., ruled that a group of drivers challenging a state motor vehicle law was entitled to reimbursement of their attorney’s fees because a federal district court had issued an order that temporarily barred the state from enforcing the law – and then the Virginia legislature repealed the law. During roughly 80 minutes of oral argument … Read the rest

Professors Call for Saudi Appraisal Rights Along with Other Companies Act Reforms

We have previously covered (thanks to a guest post) that Saudi Arabia does not have appraisal rights, though its Companies Law provides for a number of other shareholder rights. Is it time for a change?

Professors Alhasani and Hassan of Prince Sultan University say “yes.” In a comprehensive paper in the International Journal for Scientific Research, the two professors call for the Saudi Companies Law to add explicit appraisal rights, along with a number of other suggested changes. Get the … Read the rest

Business and Human Rights – could the UK adopt mandatory human rights due diligence?

On 28 November 2023, Baroness Young of Hornsey introduced the Commercial Organisations and Public Authorities Duty (Human Rights and Environment) Bill (the “Bill”) to the House of Lords.  If passed, the Bill would introduce mandatory human rights and environmental due diligence (“HREDD”) into UK law.

The description of “reasonable” HREDD set out in the Bill is consistent with the standards set out in the UN Guiding Principles and existing and draft legislation in other jurisdictions (including … Read the rest