Consider this: a multi-national plastics seller (“Seller”) has a written contract with a plastics manufacturer (the “Manufacturer”) that labels the Manufacturer as an independent contractor of the Seller. Under the agreement, the Seller supplies material to the Manufacturer who then makes plastic products exclusively for the Seller and sells the products back to the Seller. The Seller …
Category Archives: Corporate
Statute Of Frauds Doesn’t Prevent Guaranty Claim Where Main Purpose Is To Benefit Guarantor- IL First Dist.
Photo credit: www.template.net (1.21.15) I’m surprised at how often I see contracts where it’s unclear whom the parties are. Sometimes, a contract’s main text will say it’s between two companies but it’s clearly signed by two individuals. I’ve also experienced the reverse: the contract body says it’s between two individuals but the signature block provides that it’s signed …
Forum Selection Clause Dismissal Not ‘On the Merits’ – Plaintiff Can Refile in Another State
A forum selection clause is a contract term that specifies where (as in what state) a lawsuit must be filed if there is a future dispute. In Fabian v. BCG Holdings, 2014 IL App (1st) 141576, Plaintiff sued his ex-employer (a spin-off of the Cantor Fitzgerald security firm whose NYC office was decimated in the …