What are the principles of the Delaware contract?

The court began its analysis with the still applicable bedrock principle that Delaware applies to the objective theory of contracts, i.e.: “A contract’s construction should be that which would be understood by an objective, reasonable third party.” See footnote 14.

Do you have to be in Delaware to use Delaware law?

In a recent IT contract negotiation, the other party’s lawyer insisted that the choice of law clause call for Delaware law and courts. His client wasn’t based in Delaware and neither was mine.

Can a contractor deny liability for defective work?

Potentially difficult arguments can arise where work has been carried out incorrectly by the contractor but the architect or engineer’s design is also at fault. In these situations, the contractor may deny liability on the basis that even though the work was carried out defectively, it did not cause the damage complained of.

What kind of IP law does Delaware have?

Tech deals are commercial contracts, often with a healthy dose of intellectual property thrown in. So they’re governed by state contract law and federal IP law. Delaware has no special advantage in those areas. If you insist on forum shopping in your IT deals–on trying to find the “best” courts and laws–you should consider California.

What kind of contracts does the state of Delaware have?

The State of Delaware has entered into participating agreements with various states and cooperatives to fulfill the State’s needs. Loading…

In a recent IT contract negotiation, the other party’s lawyer insisted that the choice of law clause call for Delaware law and courts. His client wasn’t based in Delaware and neither was mine.

Tech deals are commercial contracts, often with a healthy dose of intellectual property thrown in. So they’re governed by state contract law and federal IP law. Delaware has no special advantage in those areas. If you insist on forum shopping in your IT deals–on trying to find the “best” courts and laws–you should consider California.

What was the recent Delaware Supreme Court decision?

Another recent Delaware Supreme Court decision also supports the view that the current approach that Delaware courts are taking even for unambiguous contracts allows for one to “step back” to view the context in which the parties reached an agreement. See Heartland Payment Systems, LLC v.