Modifying the “No Oral Modifications” Clause

One of my perennial favorites in contract interpretation law is the doctrine that parties can orally modify a “no oral modifications” clause. That’s right, Michigan courts will not allow contracting parties to irrevocably state in advance that their contract can never be modified except in writing. This seemingly nonsensical legal doctrine actually makes sense upon …

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Identifying the Prevailing Party in Contract Litigation

Many commercial contracts expressly provide that the prevailing party will be entitled to its litigation costs and attorneys’ fees in any court dispute concerning the contract.  These contracts rarely define what it means to be the “prevailing party.”  That is usually left to the parties to dispute and for the courts to decide. Michigan case …

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