article thumbnail

Specific Performance of Contract : Enforcing Contractual Rights

LexForti

In this post, understand how Specific Performance of Contract can protect your contractual rights in India. This comprehensive guide unravels the complexities of Specific Performance and its role in the enforcement of contracts. Is there a way to enforce the original terms of the contract? ’ What is Specific Performance?

article thumbnail

Court rules against plaintiff seeking emotional distress damages for discrimination

SCOTUSBlog

Further, the court has analogized spending clause legislation to a contract and has held that funding recipients are on notice that they are subject to those remedies traditionally available in suits for breach of contract. In Thursday’s ruling in Cummings v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. Justice Ketanji Brown Jackson wrote for a seven-justice majority.

Statute 99
article thumbnail

Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

The IP Law Blog

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

article thumbnail

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

Patently O

And that will be [a defense] to the cause of action. The distinction here appears to be technical in nature, driven by property and contract law. A secured creditor, such as Main Street in this case, obtains certain conditional rights that become actionable only upon the event of a default.

Court 51
article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

And even after the Supreme Court’s virtual elimination of federal common law causes of action claims under state or foreign law remain possible, though they may entail complex choice-of-law issues. Samtleben: Paraguay: Choice of Law in international contracts. Unlike the Principles, however, Law No.