Delaware Covenant Not to Sue
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How to fill out Covenant Not To Sue?
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FAQ
Under Delaware law, the standard remedy for either claim is the reasonable expectations of the party, measured by the amount of money that would put the plaintiff in the position it would have held if the defendant's representations were true.
Drag-along agreements are important in the event of an acquisition. Under Delaware law, the general standard is that a majority of the outstanding shares have to vote in favor of an acquisition?common and preferred voting together, a majority of the stockholders have to vote in favor of selling the company.
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
Special damages are those damages that are the natural but not the necessary result of the wrongful acts.5. Consequential damages, a species of special damages, are damages not directly flowing from the breach, but which the defendant knew or should have known would result therefrom.6.
The court defined rescissory damages as the monetary equivalent of rescission and the Delaware courts have awarded those damages in cases where a fiduciary has selfishly appropriated the property of a beneficiary.
§ 2253. Right of rescission. (a) A title loan borrower may rescind a title loan for any reason up to the end of the business day following the day on which proceeds of the loan were disbursed to the borrower.
Rescissory damages - Rescissory damages are the monetary equivalent of rescission, and if awarded, a defendant must disgorge the profits that the defendant achieved through the wrongful retention of a plaintiff's property.
What Are Rescission Damages? A judge may rule that a contract was unfair or misrepresented certain facts but choose not to nullify it. Instead, the judge may award monetary damages that must be paid by the offending party to the injured party.
